“When you are old and grey and full of sleep and nodding by the fire, take down this book and slowly read, and dream of the soft look your eyes had once and of their shadows deep.” – William Butler Yeats

In Alabama no person can be elected or appointed as a full-time state or local judge once that person reaches age 70.

Why? If you are accused of a crime or are being sued, you want the person in charge of your legal proceedings to be at the top of his or her cerebral game.

Maybe it is due to medical advances significantly raising life expectancy in the past century, or maybe it is due to my own age creeping up the ladder, but 70 does not seem so old anymore.

Those in our state’s judicial branch who agree might point out there are no similar maximum age restrictions in Alabama’s legislative or executive branches. Perchance the reason is the latter two branches are involved in writing and passing laws whereas the judicial branch has no such authority.

For elected positions and judges in the federal government, however, age ain’t nuthin’ but a number after you meet minimum age requirements for the elected positions. Current events are raising the question of a maximum age requirement at that level, though.

The most prominent recent example of advanced age leading to questions about fitness to serve comes from President Joe Biden’s struggles to appear to be in full control of his mental capacities during the latter part of his presidency.

Still, he is far from the only prominent politician to face these kinds of questions. Californians saw Dianne Feinstein, their longtime U.S. senator, undergo a noticeable cognitive and physical decline over the course of her last few years before her death in 2023 at age 90.

Near the end, people were openly questioning if she was making any decisions when it came to her job, and if she was not, then who was.

We are currently dealing with a similar situation with Kentucky U.S. Sen. Mitch McConnell. McConnell, age 84, suffered some kind of medical emergency on June 14 and has not made any public appearances or cast any votes in the Senate since that time, leading to rampant speculation about his wellbeing and his ability to finish the last months of his term.

Maybe these examples should lead us to think about an age limit.

Yet, Iowa’s Chuck Grassley and Vermont’s Bernie Sanders are older than McConnell and appear to be serving their constituents effectively.

Furthermore, New Jersey Congressman Tom Kean Jr. was missing in action for nearly four months without any explanation until he shared he had been treated for depression after returning to the U.S. House in late June.

Before Kean, U.S. Sen. John Fetterman, of Pennsylvania, was hospitalized in 2023 for depression as well as physical health issues. Neither are nearly as old as McConnell.

Perhaps a better way to look at this is to ask what do elected officials owe us when it comes to their health?

It is exceedingly rare for elected officials to admit having significant health problems because political opponents will no doubt use that information to attack them or their party. Honesty about poor health is only punished.

Combine that with the high importance Congress and state legislatures place on seniority to be considered for powerful committee assignments, and it becomes exceedingly difficult to give it all up after working for so long to reach the mountaintop.

But on the other hand, the public needs to know if its interests are being represented in government. Like any other employment, getting a paycheck ultimately depends on being able to perform the work.

Ultimately, there is no one-size-fits-all solution when it comes to health and age for elected officials. Maybe the best way to mitigate the problem is either to disconnect seniority from power in legislative branches or install term limits in legislative branches.

Either change could make it easier for legislators to let go when health issues strike.

Nevertheless, when it comes to the executive branch one might point out the last two presidents have been the oldest presidents in American history at the time of their inaugurations.

My response would be that the high level of attention a president’s health receives likely prevented Biden from being elected to a second term. Also, presidential term limits have prevented presidents from holding onto their positions forever after Franklin Roosevelt’s extended run as president.

Ultimately, the responsibility falls back on the voters. If you are worried about age-related health problems, stop electing old people.