A marvel of modern politics occurs when a U.S. senator, age 78, urges a U.S. Supreme Court justice, age 69, to step down because she is too old.

The senator’s worry is that, like Justice Ruth Bader Ginsburg, the jurist will stay on the bench too long, die in office, and allow a Republican president to name her successor. He is concerned that she has diabetes, ignoring that when he voted to confirm her, she had the same life-long illness.

Sen. Richard Blumenthal, who would like the resignation of Justice Sonia Sotomayor, will be 82 when his current term expires. Coming from Connecticut, he would almost certainly be replaced by another Democrat when either he or his term expires.

The senator, more than the justice, illustrates a major problem with American politics today. Our leaders are too old.

Donald Trump and the media regularly point out President Joe Biden’s advanced age. At 81, he is the oldest U.S. president. Trump comes in second.

Obviously, there is a chance that an older president will die in office. Why put the country to such a test? And if there is a real concern, that makes the choice between their running mates as important as the top of the ticket. That could play out this year, though each candidate seems to think himself quite durable.

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But equally important is whether an older person is able to sense and understand the values, concerns and interests of much younger people. Simply put, our leaders may be out of touch with a lot of the population, including with its language and culture.

This lack of awareness of the sentiments of middle-aged and younger voters has been brought home by the Israel-Gaza conflict. Support for Israel has long been a part of the fabric of American politics. In today’s war, it manifests itself in the outpouring of military aid for Israel and frequent support for it at the U.N.

But many younger Democrats are openly dissatisfied with Biden’s support for Israel. They want to see the U.S. withhold arms supplies until Israel agrees to a ceasefire. Biden won’t go that far, possibly reasoning that those voters will remain faithful when it comes down to a choice between him and Trump. In a close race, however, he may lose their needed enthusiasm.

In this context, it is worth watching Vice President Kamala Harris closely. She may be trying to shore up the Democrats’ progressive wing and also to prepare for her own political future by sending more sympathetic signals to liberals.

The problem of age does not stop with the presidency. In general, Congress is also out of line with the population it represents. That is especially true for the U.S. Senate.

Blumenthal now ranks eighth in age among the 100 senators. Maine’s Angus King, 80, ranks sixth. If reelected this year, he has a good chance of finishing his term in 2031 as the oldest senator. Though independent, he aligns with the Democrats.

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The Connecticut senator worries that a departing Sotomayor could be replaced by a Republican president, if Biden loses. When a Senate vacancy occurs, the home-state governor appoints a replacement. Gov. Joe Brennan appointed George Mitchell to the Senate. In his next term King could serve alongside as many as three different governors. Might one of them be a Republican?

About one-third of the senators, including Maine’s Susan Collins and King, are over 70. Only slightly more than 11% of the total population is past 70. For this to reflect a representative democracy, one must believe that older is wiser.

The House of Representatives average age is lower than the Senate’s. Maine’s Rep. Jared Golden is the 41st youngest representative out of a House of 435 members. But about 19% of House members are over 70.

The solution to the age question won’t be left to officeholders who voluntarily decide to depart because they believe they are too old. Retirement is up to the voters, and age should be a factor among others in determining whether candidates merit holding public office. Clearly, the judgment should recognize that not everybody ages at the same rate.

U.S. Supreme Court openings have not usually influenced voters’ choices of president or senators who must confirm judicial appointments. Trump promised to appoint justices to overturn Roe v. Wade, and, with a GOP Senate, he did. In 2016, younger women did not mobilize against him to the degree they actively back abortion rights Democrats today.

This year, more than 50 senators and representatives are not seeking reelection. Some have quit early, and departing incumbents say they are fed up with the partisan political atmosphere in which they can accomplish little. The vacancies created this year could offer the opportunity for younger leadership.

Gordon L. Weil formerly wrote for the Washington Post and other newspapers, served on the U.S. Senate and EU staffs, headed Maine state agencies and was a Harpswell selectman. 


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