How old is too old? Proposal would put scores of politicians out to pasture

At age 79, is President Donald Trump too old to serve?

Should 77-year-old Supreme Court Justice Clarence Thomas be disqualified?

What about Sen. Charles Grassley? The Iowa Republican is 92.

If Rahm Emanuel, the former Chicago mayor who’s throwing around the idea of running for president, had his way, all of them would be out of a job.

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 During remarks at the Center for American Progress, a Democratic think tank in Washington, Emanuel said officials who are 75 or older should not be allowed to serve as president, cabinet officials, members of Congress or federal judges. 

“Across all three branches of government, 75 years — you’re out,” Emanuel said. “Clean it up, all of Washington, and when you’re 75, you can’t do that in the military, you can’t do it in corporate America, you should not be in government at all. Thank you for your service, up and out.”

Emanuel is 66 — young enough, in his estimation, to serve one term as president after the 2028 election, but not two.

Not an uncommon idea

The call for an age limit was not the first and likely won’t be the last. It’s also a proposal backed by many American voters. According to a 2023 Pew Research Center poll, 92% of Republicans and 76% of Democrats supported a maximum age limit for federal elected officials. At the time, President Joe Biden was 80.

The poll also found that 82% of Democrats and 68% of Republicans supported an age limit for Supreme Court justices. 

The Constitution sets no maximum age for federal officeholders, but says presidents must be at least 35, senators at least 30 and representatives at least 25. Supreme Court justices have no age requirements.

Under this age limit proposal, would these people be able to serve?

Who would be forced out of Congress?

Currently, Congress has an average age of 58.9, making it the third-oldest in U.S. history, according to NBC News. By comparison, the median age in the United States is 39.1 — almost a full generation younger than members of Congress.

Twenty-four members of Congress are at least 80 years old, led by Grassley, who turns 93 in September. He was first elected in 1980, making him the longest-serving Republican in Senate history. He said last year he hasn’t decided whether he will seek re-election in 2028. If he served through a ninth term, he would be 101.

The other oldest members of Congress include Reps. Hal Rodgers, R-Ky., who is 88;  Maxine Waters, D-Calif, who is 87; and Steny Hoyer, D-Md., who is 86. They’re not the only ones above 80, though. 

Reps. Jim Clyburn, D-S.C., and Nancy Pelosi, D-Calif., as well as Sens. Bernie Sanders, I-Vt., Mitch McConnell, R-Ky., Jim Risch, R-Idaho, Angus King, I-Maine, and Dick Durbin, D-Ill., are all over 80. Pelosi, McConnell and Durbin are all retiring when their terms end.

Looking a bit deeper, Risch is currently 82, but he recently announced he’s seeking re-election this fall. He will be 83 on Election Day, and would be 89 by the time his next term ended. 

With great age comes great power. Risch currently serves as chairman of the Senate Foreign Relations Committee, and Grassley is president pro tempore, making him third in line to the presidency. 

In total, there are 17 senators and 45 representatives over the age of 75. 

Impact on the Supreme Court

In addition to members of Congress, Supreme Court justices would also be affected by an age limit. Of the nine Supreme Court justices, two are currently 75 or older. 

Justice Samuel Alito, who was appointed by President George W. Bush in 2006, is 75. Thomas, appointed by President George H.W. Bush in 1991, is 77 and is currently the longest-serving member of the Supreme Court. 

Many other federal judges would be disqualified under Rahm’s proposal. Among them is U.S. District Judge Alvin K. Hellerstein of New York, who is overseeing the drug-trafficking case against Venezuelan President Nicolas Maduro. Hellerstein is 92.

How did we get here?

Some may be shocked to learn how old members of the U.S. Congress and the Supreme Court are, and wonder how it’s even possible. The answer is rather simple: no term limits. 

While a U.S. president can serve only two terms under federal law, the same restrictions do not apply to Senators or Representatives, resulting in members of Congress who have been serving since the 1970s and 1980s. 

There are also no term limits when it comes to the Supreme Court. Once the sitting president appoints them, justices leave the court one of three ways: retirement, impeachment or death.