Pensions, Politics, and Judicial Tenure: An Empirical Study of Federal Judges, 1869-2002

When Article III judges conclude active service, they effectivelyabdicate their seat and enable the president and Senate to selecta successor. Some judicial scholars have concluded that politicalfactors—both within and across institutions—largelyinfluence this decision. Analyzing judicial turnover, year byyear, this article finds that judges have increasingly synchronizedtheir departure from active service with qualifying for theirjudicial pension. By comparison, political and institutionalfactors appear to have little influence on turnover rates. Thesefindings contradict much of the existing scholarship on judicialturnover and also offer more viable alternatives for judicialreform.