Why Did Carter Get No SCOTUS Appointments?
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  Why Did Carter Get No SCOTUS Appointments?
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Author Topic: Why Did Carter Get No SCOTUS Appointments?  (Read 1817 times)
brucejoel99
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« Reply #25 on: February 01, 2021, 08:33:13 PM »

Not for nothing, but Thomas has publicly said time & time again that he'll die on the bench, ideology be damned.

Alito will definitely retire during the next Republican presidency, though.
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Skill and Chance
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« Reply #26 on: February 02, 2021, 02:50:36 PM »

Not for nothing, but Thomas has publicly said time & time again that he'll die on the bench, ideology be damned.

Alito will definitely retire during the next Republican presidency, though.

This highlights the difference between highly ideological (Thomas, RBG, Gorsuch*) and highly partisan (Alito, Sotomayor) justices.  This is also why I really could see Sotomayor retiring this year or next to be sure of a similarly committed Dem successor. 

*highly ideological libertarian, at a 90 degree angle to the partisan positions in many cases
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Donerail
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« Reply #27 on: February 02, 2021, 04:30:24 PM »

Not for nothing, but Thomas has publicly said time & time again that he'll die on the bench, ideology be damned.
It's difficult to see Thomas retiring unless he could ensure he is replaced not just by a conservative justice, but by someone in his particular mold. Jim Ho on the 5th Circuit, who's a former Thomas clerk, may come close based on his tenure so far, but I don't know if anyone who exactly mirrors Thomas exists anywhere.

All that said, I think Thomas wants to hold on until he gets to overturn Bakke/Grutter/Fisher.
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Skill and Chance
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« Reply #28 on: February 02, 2021, 05:23:06 PM »

Not for nothing, but Thomas has publicly said time & time again that he'll die on the bench, ideology be damned.
It's difficult to see Thomas retiring unless he could ensure he is replaced not just by a conservative justice, but by someone in his particular mold. Jim Ho on the 5th Circuit, who's a former Thomas clerk, may come close based on his tenure so far, but I don't know if anyone who exactly mirrors Thomas exists anywhere.

All that said, I think Thomas wants to hold on until he gets to overturn Bakke/Grutter/Fisher.

IDK with the way the Republican coalition is evolving, I can't imagine the next Republican president being interested in appointing anyone whose jurisprudence flirts with Lochner. 
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brucejoel99
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« Reply #29 on: February 03, 2021, 01:07:48 AM »

Not for nothing, but Thomas has publicly said time & time again that he'll die on the bench, ideology be damned.

It's difficult to see Thomas retiring unless he could ensure he is replaced not just by a conservative justice, but by someone in his particular mold. Jim Ho on the 5th Circuit, who's a former Thomas clerk, may come close based on his tenure so far, but I don't know if anyone who exactly mirrors Thomas exists anywhere.

All that said, I think Thomas wants to hold on until he gets to overturn Bakke/Grutter/Fisher.

No "unless" necessary: it's difficult to see him retiring, period. The man has been crystal clear about his stance on this.
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cwh2018
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« Reply #30 on: February 03, 2021, 03:25:08 PM »

Not for nothing, but Thomas has publicly said time & time again that he'll die on the bench, ideology be damned.

Alito will definitely retire during the next Republican presidency, though.

This highlights the difference between highly ideological (Thomas, RBG, Gorsuch*) and highly partisan (Alito, Sotomayor) justices.  This is also why I really could see Sotomayor retiring this year or next to be sure of a similarly committed Dem successor. 

*highly ideological libertarian, at a 90 degree angle to the partisan positions in many cases
Thomas will retire under the next GOP president,  is also highly partisan, but has a somewhat unique jurisprudence where as Alito and Sotomayor are simply like party political operatives. Thomas also dissented in both Trump cases, despite agreeing with the Clinton v Jones  decision from Justice Stevens.
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cwh2018
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« Reply #31 on: February 03, 2021, 03:27:58 PM »

Not for nothing, but Thomas has publicly said time & time again that he'll die on the bench, ideology be damned.
It's difficult to see Thomas retiring unless he could ensure he is replaced not just by a conservative justice, but by someone in his particular mold. Jim Ho on the 5th Circuit, who's a former Thomas clerk, may come close based on his tenure so far, but I don't know if anyone who exactly mirrors Thomas exists anywhere.
It will be hard to get someone like Thomas as his vision of law is so unique, perhaps Allison Rushing would be the best fit to replace him.

If Trump had won re-election Thomas would have retired this or next summer as far as I am concerned.

All that said, I think Thomas wants to hold on until he gets to overturn Bakke/Grutter/Fisher.
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brucejoel99
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« Reply #32 on: February 03, 2021, 03:50:26 PM »

Just saying "Thomas will retire" (let alone "under a Republican president") over & over again doesn't make it so, people.
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cwh2018
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« Reply #33 on: February 03, 2021, 03:57:24 PM »

I will end with this, that I think Thomas is highly partisan, like all on the court and will retire if able to at a time that suits himself and allowing the GOP to keep the seat with a like-minded successor.

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Donerail
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« Reply #34 on: February 03, 2021, 08:25:39 PM »

Thomas retirement rumors from usually reliable sources have occasionally bubbled up. I doubt it'll be in the next few years (unlike Alito, I think he likes the job) but you shouldn't take him at his word here either; the justices are politicians.
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