should Ginsburg (and maybe Breyer) retire

[Wonkish1]

They should have, but both said they didn't want to leave yet.

In another 2 months time it'll be to late.

[Wonkish1]

In another 2 months time it'll be to late.

How's that?

Because primary season will get started and so will Obama's election cycle. It takes a few months for the candidate to be picked, moved through committee, etc. And you have summer recess right before the elections.

The Senators aren't going to want to vote on something that high profile before the election. And if they try to save it until lame duck and the GOP will accuse the Dems on screwing them over and will just delay it until they take over in January.

[Wonkish1]

Of course not; no nominee appointed now will get out of the Senate until January 21, 2013.  The Republicans would see to that.

Bingo!! But as I said above, I bet Obama would still have a 2-3 month window from now. Once that passes the process takes to long. You go to recess and once you're out between Republicans thinking their so close, if they can just hold out a little longer and some Dem senators that would, but prefer not to vote on SCOTUS nomination a couple weeks before they face election and the nominee would be held up until the new congress took over in 2013.

[Wonkish1]

another interesting question is if another ex-president will be a justice on the court. Taft was the only one. None of them really have any judicial experience. Obama is the only one with any remote knowledge of ConLaw (didn't he teach it in the 90s?)

I could see Obama being put on the court if he loses in 2012 and a Dem wins in 2016.  His reputation would have to be redeemed by events after his term.  If he wins two terms, he'd probably be too old by the next time a Dem gets in.

Impractical. Why go through a much tougher and more arduous confirmation process when you can find another activist judge just like him.

[Wonkish1]

Kennedy is planning to retire under Mitt.

I've heard this too before as well. Kennedy is the justice that is brought up the most when the question of retirement during a GOP administration is mentioned.