There is a continuing debate that appears every few years regarding the retirement of Supreme Court justices. It is a lifetime position and there have been no rules written as to the process of asking justices to step down if it is believed that they are no longer capable of serving appropriately. Usually, they know when to leave. Occasionally, they die. There have been times when they have been asked to leave. Most of the time it works out fine.
When I drew this cartoon, the question of Supreme Court Justice retirement was appearing in newspapers and magazines, and on radio articles sparked by Justice Harry A. Blackmun, who was getting old - perhaps too old to serve. I have no clue whether he was competent or not. I was simply interested in the question of retirement from a lifetime position.
The subject of my drawing was one of the most famous Supreme Court Justices, Oliver Wendell Holmes, Jr., who served until just before his 91st birthday. He served on the bench for 29 years, until 1932. People had been speculating for 15 years or so as to when he would retire, but he had an incredibly sharp mind right up until the end. Ultimately, when it became apparent that he was becoming forgetful, he turned in his resignation.
I chose to make Justice Holmes the center of the debate mostly because of his quote "This is not a court of justice, this is a court of law." I have heard it quoted in numerous places, including a Billy Bragg song. Seated next to Holmes is Chief Justice Charles Hughes and Justice Willis Van Devanter.
Soon after Justice Blackmun retired, I tried to get this cartoon published as an editorial cartoon in the Boston Globe. It was rejected - on grounds of obscurity, I presume.