Abstract
U. S. Supreme Court justices and other federal judges are, effectively, appointed for life, with no built-in check on their cognitive functioning as they approach old age. There is about a century of research on aging and intelligence that shows the vulnerability of processing speed, fluid reasoning, visual-spatial processing, and working memory to normal aging for men and women at all levels of education; even the maintained ability of crystallized knowledge declines in old age. The vulnerable abilities impact a person's decision-making and problem solving; crystallized knowledge, by contrast, measures a person's general knowledge. The aging-IQ data provide a rationale for assessing the key cognitive abilities of anyone who is appointed to the federal judiciary. Theories of multiple cognitive abilities and processes, most notably the Cattell-Horn-Carroll (CHC) model, provide a well-researched blueprint for interpreting the plethora of findings from studies of IQ and aging. Sophisticated technical advances in test construction, especially in item-response theory and computerized-adaptive testing, allow for the development of reliable and valid theory-based tests of cognitive functioning. Such assessments promise to be a potentially useful tool for evaluating federal judges to assess the impact of aging on their ability to perform at a level their positions deserve, perhaps to measure their competency to serve the public intelligently. It is proposed that public funding be made available to appoint a panel of experts to develop and validate an array of computerized cognitive tests to identify those justices who are at risk of cognitive impairment.