Should Kagan and Sotomayor retire? (user search)
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April 27, 2024, 12:43:27 AM
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  Should Kagan and Sotomayor retire? (search mode)
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Question: Discuss.
#1
Yes
 
#2
No
 
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Total Voters: 37

Author Topic: Should Kagan and Sotomayor retire?  (Read 2020 times)
Beet
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Posts: 28,916


« on: November 13, 2022, 12:07:29 PM »

On the surface, it's a bizarre question to ask. After all, they have only been on the bench for 12 and 13 years respectively, compared to 16 years on average and as long as 35 years as life expectancy grows. 2010 does not seem that long ago at all. When they were appointed to the bench, they probably thought they won the lottery and were looking forward to a lifetime sinecure with the eventual chance of being in the liberal majority and being able to write majority decisions on politically contentious issues. Furthermore, as only the second Jewish woman and the first Latina on the bench, it might seem racist and sexist to pressure them to retire when their white male colleagues sat on the bench far longer than them.

Nonetheless, when it comes to the Supreme Court the reality is that the Democrats can't afford to be anything but pragmatic at the moment.

Kagan is 62 and Sotomayor is 68, at normal retirement age anyway. Their retirements could allow Biden to pick a replacement in her 40s, two actually. Plus, it's hard to ignore the issue of RBG and her retirement mistake. It shows that one of the biggest legacies of a Justice is not their opinions but their decision to retire. As a 3-6 minority, neither Kagan nor Sotomayor are likely to be writing any majority decisions on politically contentious issues any time soon, but they could secure their legacies with timely decisions to retire. It would of course be good for the Democrats as a whole as well.
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Beet
Atlas Star
*****
Posts: 28,916


« Reply #1 on: November 19, 2022, 08:43:04 PM »

The suggestion of the OP if adopted would be another bullet shot into an important organ of SCOTUS. Soon, people would be put on SCOTUS as soon as they are 18 after a chip is put in their brains to control their reasoning.

Don't blame the suggestion, blame the system that makes it reasonable.
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