Sixteenth International Conference on New Directions in the Humanities

Abstract

This paper will explain how a “life-cycle,” biographical narrative, analytical approach for studying individual Supreme Court justices’ behavior can help us to better understand how Justices, such as the “swing voter,” Anthony Kennedy, will affect future judicial decisions. The “seasons of life” life-cycle analytical theory outlined by psychologists Erik Erikson and Daniel Levinson is ideal for biographically examining, and creating a narrative about, the lives and decision-making of the American Supreme Court. Since this body is staffed by nine justices, who are appointed in mid-life, and serve for decades, I argue that once a justice is appointed, a judicial “life-clock” runs parallel to one’s personal life cycle, affecting the way that a jurist’s decision-making approach evolves. With nine justices experiencing their individual life cycles simultaneously, any changes in the membership of the body, or the voting behavior of a sitting justice, will affect the life-cycle and decision-making of the entire institution. After Justice Antonin Scalia’s death, followed by President Obama inability to appoint his successor, resulting in the seating of Justice Neil Gorsuch, and with three octogenarian justices now nearing retirement, this life cycle analytical approach is perfect for exploring this Supreme Court’s future decision-making.