So Long

ALL OVER THE WORLD, JUDGES DECIDE ISSUES that people care about deeply—abortion rights, limits on torture, whether the death penalty applies to juveniles, and who decides when life should end. In the United States, the Bush Administration's determination to nominate controversial individuals for life-tenured judgeships, coupled with the narrow divide in the Senate, has prompted intense battles.

Another, less obvious, reason—the length of time a judge serves—makes each nomination to the federal bench matter so much. Unlike most other constitutional democracies, the United States provides for neither fixed terms for judges nor mandatory retirement at a certain age.

The 50 life-tenured jurists who began their careers on the lower federal courts between 1789 and 1809 served for an average of 16 years. In contrast, the roughly 500 judges who finished their service during the past two decades averaged 24 years on the bench.

What accounts for the increase in years of service? For one, people live longer, judges included. In the early years of the Republic, lower-court judges lived an average of 64 years; today they live on average to 75. Another factor is important, too. Through pension programs, Congress ... // 88% Remaining