I believe that whole thing is a pipe dream that Republicans want one of them to retire now so they can do a quick push to appoint and rally the base. It’s on Hugh Hewitt for christ’s sake.
If you somehow think they were ever going to let a Republican replace Ginsburg or any other liberal justice with a conservative if they had any power to stop it, you are kidding yourself.
I’m sure that the most honorable Senator McConnell would hold off on any Supreme Court confirmations until the will of the people is heard in November.
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I’ve wondered for a long time if it’s time to re-examine how SCOTUS Justices remain on the courts - kind of a term limit in an attempt to de-politicize.
The longest time a Justice could serve would be a maximum of 27 years.
During the 3rd year of each Presidential cycle the senior justice in terms of longevity is moved to can retire or move to Senior status. In Senior status Senior Justices are allowed to sit on 3-Justice panels that review some of the more routine matters that come to the court just as criminal appeals.
If a Justice retires or passes away, then the next junior Justice moves up in the retire/Senior queue and a new junior Justice is appointed and has 0 seniority.
That way each president gets to make 1 appointment each term in the 3rd year, it will rotate Justices enough that the high consolidation of - pardon my French “old” justices passing or retiring in a single Presidents term is reduced significantly.
Some people won’t be happy with the idea of President Biden appointing 4 Justices.
Maybe the problem is with the supreme court? being overly politicized? One of the reasons trump won in 2016 was his promise to put right leaning judges on the bench. I love the idea of having only right leaning judges. But in the grand scheme of things, maybe the problem is we all know who those judges are and how they will vote. Not necessarily on any type of rule of law.
Why would he do that? It’s not the precedent to not vote on a replacement, its only precedent (like for 200 years) when the President and Senate majority are of opposing parties.