The law operates with bright-line rules but also with balancing tests and concerns over image. The appearance of impropriety. The appearance of corruption. And so it is with lawyers, starting at the top.
Competing concerns must be weighed — personal health, institutional interests, legacy, longevity. And so, too, must appearances — of undue politicization of an entity supposedly above politics, of gaming the system for ideological ends.
I am referring, of course, to Justice Ruth Bader Ginsburg, who turned 81 last month, and a debate about whether she should retire, which seems fated to continue until she actually does. The flames of Ginsburg retirement talk were most recently fanned by her once-colleague, retired Justice John Paul Stevens, who told ABC’s George Stephanopoulos that it was acceptable to take politics into account in deciding when to step down.
“I think so,” Stevens said. “I think certainly natural, it’s an appropriate thing to think about your successor, not only in this job,” citing the recent memoir by former Defense Secretary Bob Gates. “He thought a lot about his successor … too. (If) you’re interested in the job and in the kind of work that’s done, you have to have an interest in who’s going to fill your shoes.”