One of the least discussed aspects of the interview with President Joe Biden last night was his declaration that two of the nine justices are not long for the Court. The question is which two are facing retirement or the reaper.
In arguing for his remaining as the nominee despite record low polling, the President told ABC’s George Stephanopoulos with certainty that the next president “in going to appoint at least two new appointees.”
That must be uneasy news for the relatively small court that almost of a third will soon pass . . . one way or another.
Liberals have been pushing Sonia Sotomayor to retire, but she has clearly rejected those calls. On CNN, journalist Josh Barro bluntly wondered why Sotomayor remains on the bench when younger jurists could be brought on to guarantee a liberal vote for years to come. He indicated that many liberals are frustrated with her for not stepping down: “I find it a little bit surprising, given what Justice Sotomayor describes there about the stakes of what is happening before the Supreme Court, that she’s not retired. She’s 69 years old, she’s been on the court for 15 years.”
At 70, Sotomayor shows no signs of mental decline. She has been a highly effective justice, stepping into the vacuum created by the death in 2020 of Justice Ruth Bader Ginsburg. Of course, few ever questioned the “Notorious RBG” in her decision to stay on the Court, despite her much older age and longer tenure. While some of us noted that Ginsburg was taking a huge risk in not allowing then-President Barack Obama to pick a successor, she remained on the Court in spite of medical problems and ultimately was replaced by Justice Amy Coney Barrett.
Ginsburg, however, was almost 20 years older than Sotomayor. There is no concern for deterioration or death on the bench in Sotomayor’s case. It is simply a matter of swapping out justices like light bulbs before they burn out.
All of the justices are younger than Ginsburg when she passed (and considerably younger than President Biden who is running for a second four-year term).
- Justice Thomas, 76.
- Justice Alito, 74.
- Justice Sotomayor, 70.
- Chief Justice Roberts, 69.
- Justice Kagan, 64.
- Justice Kavanaugh, 59.
- Justice Gorsuch, 56.
- Justice Jackson, 53.
- Justice Barrett, 52.
Justice Clarence Thomas is the oldest, but has not indicated that he is ready to retire. He would likely want to wait for a Republican president.
If history is a measure, he has time. Oliver Wendell Holmes retired at 90.
A recent analysis of the court’s projected composition suggested the next time the majority of justices will be appointed by a Democrat is likely to be around 2065.
I did not find that analysis particularly compelling. However, I also fail to see how Biden can be certain that 2 of the 9 justices will die or retire. After all, even Thomas is six years younger than Biden. If he is predicting the death or retirement of Thomas within four years, he would presumably predict his own passing or retirement years ago.
Running on the pledge to replace two departing justices could prove awkward if the justices are reluctant to be replaced or dispatched. This is not the first time that such premature claims led to the inconvenient lingering of the subjects:
All the Lefties lie about corruption on the Conservative side of the court, but it is KNOWN that both Kagan and Sotomayor used their staffs to promote and actively solicit sales of their books – which IS unethical, not just a false claim thereof.
Sotomayor is a Type 1 diabetic. She has good health care, but she could have an event at any time.
For the life of me I don’t understand why the Dem’s want to force the retirement of Supreme Court judges. I was very happy that RGB told the lib’s to go pound sand! As should the other judges who are being pressured to retire from the SCOTUS bench.
See below as Dennis proves himself once again to be un-American
It’s reckless. It’s dangerous. It’s irresponsible for anyone to say this was rigged just because they don’t like the verdict. Our justice system has been the cornerstone of America for 250 years. The justice system should be respected and we should never allow anyone to tear it down. It’s as simple as that. That’s America. That’s who we are.
—-Joe Biden May 31, 2024
Jonathan: Sotomayor is not retiring anytime soon. If Biden wins in November that scenario might change to make way for a younger justice. If DJT wins re-election Sotomayor will stay put. In discussing the various ages of the SC Justices you, as usual, miss the forest for the trees.
The Q is not so much about the ages of the Justices but how two of them have created an existential crisis–a “corruption” scandal that has enveloped the Court. Thomas has taken over a $1 million dollars in bribes from a billionaire with business before the SC. “Two flags” Sam Alito has demonstrated his allegiance to the J. 6 insurrection–as does Thomas whose wife was directly involved in trying to overturn an election to create a dictatorship. Both Thomas and Alito should be impeached–but you won’t see that happening from a MAGA House and Senate. Had any of the liberal Justices engaged in any of the actions by Thomas and Alito there would be a crescendo of calls by the MAGA crowd in the House and Senate to “Impeach the corrupt liberal Justices!”
Justices are permitted a wide spectrum of ideological beliefs. But both Thomas and Alito have demonstrated they cannot be “fair and impartial” in cases in which they have direct conflicts of intertest. They should have recused themselves in all cases relating to J. 6 but they have refused. Thomas and Alito think the ethical obligations of all other federal judges don’t apply to them. That’s why public support for the SC is at its lowest point in generations.
The real Q is how long can we endure corruption and supporters of insurrection in the highest Court in the land? That’s the real issue you don’t want to discuss!
Get over it Denny. They aren’t going anywhere.
OLD NEWS
Neither is Dennis, apparently.
“public support for the SC”
Because that’s why we have a Supreme Court
Bwahahahahahahahahah
Denny thinks the Supreme Court is a public opinion survey
At least Dennis has resigned himself to a MAGA House and Senate
“Impeach the corrupt liberal Justices!” you say. Oh, words and threats like Sen. Schumer yelled out in front of the SCOTUS building when Roe v Wade was rule a mistake and the decision was returned to the STATES to determine. Abortion does not appear anywhere in the U.S. Constitution nor the Bill of Rights.
Bribes huh? Prove it. Just prove it. I double dare you.
Thomas has taken over a $1 million dollars in bribes from a billionaire with business before the SC.
That is an outright lie. Not an exaggeration, or a half-truth, but a damned, filthy fabrication, and you know it very well.
“Two flags” Sam Alito has demonstrated his allegiance to the J. 6 insurrection
So is that.
Thomas whose wife was directly involved in trying to overturn an election to create a dictatorship
And that, not that it’s relevant.
Had any of the liberal Justices engaged in any of the actions by Thomas and Alito there would be a crescendo of calls by the MAGA crowd in the House and Senate to “Impeach the corrupt liberal Justices!”
Untrue, but even if it were true it’s irrelevant because in your counterfactual hypothetical any such calls would have no effect. The justices would not be impeached, nor would they recuse themselves. But in any case it’s not true because several of those justices have in fact received similar gifts from friends and supporters, without provoking such calls.
Thomas and Alito think the ethical obligations of all other federal judges don’t apply to them.
They don’t. That’s a fact. Not that they’ve breached those obligations, but the fact is they don’t apply to them, so even if they had breached them you’d have no case.
All of that is pure nonsense with liberal spin…There is not a liberal justice that has ever been “fair and impartial”…