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How old is too old? [1]

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Date: 2023-02-04  

Sen Dianne Feinstein (D-CA)

Forty-three current US Senators were US Representatives. So it is not surprising that Katie Porter and Adam Schiff — currently Democratic House members from California — have announced they are running for the Senate. What is surprising, at least on the surface, is they are running for a seat that is neither open nor held by a member of the opposition. Instead, the incumbent is fellow Democrat Sen. Dianne Feinstein.

What has caused this break with intra-party courtesy? Why have Schiff and Porter thrown themselves into a potential primary against Feinstein — who has not yet announced whether she will run again in 2024?

Feinstein is not the newly-declared independent, Krysten Sinema, who is also up for reelection. Even before that ego-inflated erstwhile Democrat had dumped the party, she was a non-pareil backstabber — who scorned the Arizonans who had voted for the Democratic agenda.

In contrast, Feinstein is as Democratic ‘establishment’ as you can get. She is a self-described centrist who, while not a progressive, has moved leftward — reflecting California’s political trajectory. The issue is not politics. It is age.

At 89, she is the oldest current Senator. The concern is her apparent declining mental facilities. Let me note this is not a medical diagnosis. And the evidence for her condition is strictly anecdotal. Yet, as the noise over her condition increases, it has to be taken seriously. It is the “taking the car keys away from grandma” conversation on steroids.

Feinstein's situation raises a question. How can an institution protect itself and its stakeholders against people who may no longer be compos mentis? The answer is often mandatory retirement ages. In many states, judges must retire at 70 or 75. Federal law requires airline pilots and Foreign Service employees at the State Department to hang it up at 65. For air traffic controllers, the limit is 57 - as it is for federal cops, firefighters, and park rangers.

Even the Catholic Church, that bastion of old men with lifetime appointments, does not allow Cardinals over 80 to vote for a new Pope.

However, even if mandatory retirement is the answer, would it be legal? The Constitution establishes minimum ages for officeholders but is silent on maximums. In 1995, the Supreme Court ruled term limits for national politicians were unconstitutional. In the majority opinion, Justice John Paul Stevens wrote “the right to choose representatives belongs not to the States, but to the people.”

This ruling would also ban age limits enacted by state governments. And seemingly, absent a constitutional amendment, disallow Congress imposing age limits on itself.

One argument against age limits is that many older Americans — even some older politicians — are still firing on all cylinders. Under Warren Buffet (92) and his sidekick Charlie Munger (99), Berkshire Hathaway continues to prosper. In the Senate, Chuck Grassley, reelected in 2022, will be 95 when his term ends - and so far, is seemingly mentally qualified. (Note: I say this based on his mental state, not on his politics)

Taking politicians on a case-by-case basis is also sticky. People usually base their opinion on whether a politician is intellectually qualified to serve on party affiliation. Almost every Republican will say Biden is not mentally up to the job - just about every Democrat will disagree.

Moreover, if mental ability is the basis for an elected official’s right to serve, should that not also disqualify below-average IQ and low-information candidates? Would Lauren Boebert, Marjorie Taylor Greene, Matt Gaetz, et al. pass a civics test? I doubt they would do as well as Bernie Sanders (81) or Mitch McConnell (80).

It is ageist to point the finger at Feinstein and other senior citizens when there is so much ignorance and incompetence in the ranks of Congress’ relatively young members. And this enthusiasm for wingnuts shows no sign of waning in the party that has a lock on sending whackjobs to Washington.

If neither law nor regulation can force a declining politician out of office, it will again fall to the voter to decide whether a candidate is fit to serve. In Feinstein’s case, should she choose to run, she will make her case to the primary voter as she competes with Porter and Schiff. And due to California’s open primary system, two Democrats may compete against each other in the general election. Indeed, Feinstein’s 2018 victory was over another Democrat, Kevin de Léon.

Regardless of how it all pans out, the seat, barring a catastrophe, will stay in Democratic hands.

Nancy Pelosi, a razor-sharp 82-year-old, who term-limited herself, has made her feelings known by endorsing Schiff — should Feinstein not run. This is as clear a signal as Nancy can send to Dianne that she should step down without saying she should retire.

(Aside: It is telling that Pelosi endorsed one prominent Democrat over another. Does she feel that much loyalty to Schiff, did Porter piss her off behind the scenes, or is she preserving Porter’s political future? Who knows?)

The US has a government based on people voting. And ultimately, while voters often elect liars, morons, and mountebanks, it is up to them who should represent them. The more pressing need in American politics is to defeat Republican attempts to deny voters (overwhelmingly Democrats) the right to exercise that choice — or, by gerrymandering, artificially limit their congressional representation.

I believe Feinstein will retire, as she probably should. And the Democrats have done a solid job of ushering her toward the exit. Like many top-flight professional athletes (say Jordan and Brady) politicians left to their own devices often stay in the game too long. But that is not the biggest problem in political America — not by a long shot.

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[1] Url: https://www.dailykos.com/stories/2023/2/4/2151092/-How-old-is-too-old

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