Title : "Should Justices Sonia Sotomayor and Elena Kagan, 68 and 62, respectively, do what Ginsburg would not?"
link : "Should Justices Sonia Sotomayor and Elena Kagan, 68 and 62, respectively, do what Ginsburg would not?"
"Should Justices Sonia Sotomayor and Elena Kagan, 68 and 62, respectively, do what Ginsburg would not?"
Asks Ian Millhiser in "Sotomayor and Kagan need to think about retiring/The US Senate is a fundamentally broken institution. Democratic judges need to account for that in their retirement decisions" (Vox).
Is this a ludicrous suggestion? Millhiser has no news of ill health from either Justice (though "Sotomayor has diabetes"). His main worry seems to be that the Democrats are going to lose power — and for a long time. But at least they have the Senate and the presidency for these next 2 years. They could slot in 2 reliable liberal Justices — young Justices, 20 years younger than Sotomayor and Kagan. So give them the chance to do it while they can. That's my paraphrase of Millhiser's position.
Millhiser has a dark view of the Democrats' chance in 2024:
The 2024 Senate map is so brutal for Democrats that they would likely need to win a landslide in the national popular vote just to break even. Unless they stanch the damage then, some forecasts suggest that Democrats won’t have a realistic shot at a Senate majority until 2030 or 2032. And even those forecasts may be too optimistic for Democrats.
If Sotomayor and Kagan do not retire within the next two years, in other words, they could doom the entire country to live under a 7–2 or even an 8–1 Court controlled by an increasingly radicalized Republican Party’s appointees....
Millhiser concedes that there's a problem in having one side of the Court composed entirely of newcomers:
Long-serving justices can develop cult followings.... And justices who serve for a very long time also develop relationships with their colleagues that they can sometimes use to encourage those colleagues to moderate. If only Republican justices can benefit from longevity, the Court’s right flank will gain yet another structural advantage over its left....
[Clarence] Thomas’s tremendous influence on the conservative legal movement’s ambitions were [sic] not apparent until his third decade on the Court. It takes time to build a movement out of the handful of law students in every constitutional law class who read Thomas’s opinions and said to themselves, “Why not?” This kind of sustained movement-building around a central leader simply is not possible if that leader has to quit their job right when they are starting to master it.
Millhiser muses that perhaps Sotomayor or Kagan — with enough time — would, like Thomas, emerge as "a visionary." (Millhiser doesn't use the word "visionary" on Thomas, but he is saying that Sotomayor/Kagan would be a "visionary" if they followed the same narrative arc.) But in the end, that's not enough, and he wants them out before what he fears is the Democrats's coming 10-year eclipse in the Senate.
Thus articles "Should Justices Sonia Sotomayor and Elena Kagan, 68 and 62, respectively, do what Ginsburg would not?"
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