A random thought about age discrimination

[Sanford Levinson]

Mary Dudziak asks, 
If an objective in appointing a justice is to shape the law for decades to come, is it fair to say that age might be a bona fide occupational qualification, in a way that it might not be for most other positions?

But this is just to raise the question that those of us who oppose life tenure keep asking, i.e., is it a constitutionally appropriate objective to choose appointees on the basis that they will "shape the law for decades to come" instead of, say, for only the 16-year pre-1970 average?  
 
sandy
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