Modern Departures from the U.S. Supreme Court: Party, Pensions, or Power?

Abstract:     
Is strategic retirement from the Supreme Court as pervasive in the modern era as commonly claimed, with justices seeking to enable partisan allies to appoint like-minded successors? Addressing a divided literature with advanced statistical analysis, we find that justices from 1953 to 2007 did not respond to political factors like partisan control of the White House. Instead, their role and impact on the Court were pivotal considerations, suggesting that, in choosing when to leave, justices cared more about power than party and policy. Helping their party by strategically retiring came at too high a price: losing their position and influence.

Keywords: Supreme Court, retirement, strategic retirement, pension, regime politics

Working Paper Series