 Later, court personnel, as well as Ron Klain, speculated that there was an unspoken understanding that the judges on the winning side would not retire until after the next election, as a way of preserving some sense of fairness.Indeed, no Supreme Court Justices retired during President Bush's first term.It has been argued that none of the justices ended up voting in a way that was consistent with their prior legal jurisprudence--though this conclusion has been challenged by George Mason University law professor Nelson Lund.