The proponents of a mandatory retirement age and term limits have underestimated the degree to which the rational actor model applies to Justices. In making many decisions, as the empirical evidence demonstrates, Justices attempt to maximize their own preferences, whether based on policy considerations or other factors. The retirement decision is no exception. Scholars who dispute the applicability of the rational actor model to Justices have either not focused on the persuasive empirical evidence advanced by political scientists or have failed to consider all of the variables that touch upon judicial utility.

The Incentives Approach to Judicial Retirement (October 25, 2005)