Fuzzy Bear
Atlas Star
Posts: 25,728
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« on: August 01, 2020, 01:13:53 PM » |
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SCOTUS Justices are not accountable to "liberals" or "conservatives". They are accountable to the Congress to serve during Good Behaviour. They are inteded to serve for life, and the purpose for that was so they would not be subject to political pressures in their duties.
Having not resigned in order to allow Obama a timely appointment, is Ginsburg now responsible for sticking it out until she dies on the job? Would it be good if she stays despite, say, being senile? William O. Douglas and Joseph McKenna stayed despite obvious mental impairment. John Marshall Harlan II was nearly blind when he died in office (and Hugo Black died two (2) days later, IIRC). It's a fair question to ask if that is good for the Nation.
History has shown that Judicial appointments can surprise. John Paul Stevens, the lone Ford appointee, turned out to be a pillar of the liberal wing of the Court. Eisenhower appointed Earl Warren and William Brennan, the cornerstones of SCOTUS liberalism in the 1960s. Byron White, a JFK appointee and a lifelong friend of the Kennedy Family, was surprisingly conservative. Truman appointee Tom C. Clark was not a conservative, but he was not a Court liberal either. Nixon's appointees were a mixed bag; Warren Burger and William Rehnquist were the bedrock conservatives of the Court, but Lewis Powell was, on the whole, a moderate, even a moderate liberal, and Harry Blackmun was, very much, part of the liberal wing on balance (even if he started out as a Justice that was expected to be conservative). Mr. Justice Gorsuch and Mr. Chief Justice Roberts have provided some surprises of late. The idea that one "side" or the other has the Court "locked up" has often proven not to be quite the case.
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