A Case for Justice Ginsburg to Stay on the Court

Liberals may reflexively believe that it’s time for Justice Ruth Bader Ginsburg to leave the Supreme Court.  She has had serious health problems (two bouts with cancer) and is over 80.  If she doesn’t retire now, they argue, Republicans could prevent President Obama from naming her replacement if she leaves the Court in 2016–and if she retires after 2016, there might be a Republican president in the White House.

Garrett Epps makes a persuasive case for Justice Ginsburg to remain on the Court.  In addition to the points he makes, it’s worth noting that you can never be sure of what you’re getting in a nominee to the Court–cases in point include Justice Souter (a disappointment to Republicans), Chief Justice Warren and Justice Brennan (same), Justice White (more conservative than most Democrats would like–e.g. on cases involving abortion rights and LGBT issues).  Liberals who want President Obama to pick Ginsburg’s successor could be disappointed.

Whatever you think of Ginsburg, hopefully you can join Prof. Epps in wishing her a long, happy life.  I join him in hoping that she has many years ahead of her on the Court.


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