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SCOTUS - Might Thomas Retire?

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  • SCOTUS - Might Thomas Retire?

    Is Another Supreme Court Justice Ready to Go?

    No one tells a Supreme Court Justice when to retire. But there are currently two retirement dramas under way at the Court—one semi-public and the other semi-private—and they both have the potential to reshape the meaning of the Constitution for decades.

    The public story is that of Ruth Bader Ginsburg, the Court’s senior liberal. Late last year, she fell and broke three ribs and, when she was being treated, doctors discovered that she had lung cancer, her third bout with cancer. She underwent surgery, apparently successfully, and the Court released word that she would need no further treatment. But, in January, she missed oral arguments for the first time in twenty-five years on the Court, and there is no guarantee that she will be there when the Justices next hear cases, on February 19th. Still, the retirement drama regarding Ginsburg is straightforward. She will hang on for as long as she can, in the hopes that a Democratic President will appoint her successor after the 2020 election.

    The more complex drama involves Clarence Thomas, who is seventy years old and the longest-tenured Associate Justice on the Court. With fifty-three Republicans now in the Senate (and no filibusters allowed on Supreme Court nominations), President Trump would have a free hand in choosing a dream candidate for his conservative base if Thomas were to retire this year. The summer of 2019 would seem an ideal time to add a third younger conservative to the Court (along with Neil Gorsuch, who is fifty-one, and Brett Kavanaugh, who is fifty-four). It’s true that Mitch McConnell, the Senate Majority Leader, would likely violate his Merrick Garland rule and try to push through a nominee in 2020, an election year, but 2019 would be much easier to navigate. So, many conservatives are asking, why shouldn’t Thomas leave now?

    It seems that the President may have had the same thought. Trump has shown unusual solicitude for Justice Thomas and his wife, Ginni, a hard-right political activist. The President and the First Lady had the Thomases to dinner, and then Trump welcomed Ginni and some of her movement colleagues to the White House for an hour-long discussion. Even in a conservative White House, Thomas and her team presented some outré ideas, like opposing same-sex marriage and questioning the ability of women to serve in the military. But the President listened as the group asked that more of their allies be given jobs in the Administration. Trump rarely engages in this kind of cultivation, and it’s reasonable to speculate that he’s trying to persuade the Justice that his seat would be in good hands if he decided to leave.

    But will Thomas retire? Over the years, he has made little secret of the fact that he doesn’t enjoy the job very much. With a conservative future of the Court secure, why wouldn’t he call it a day after twenty-eight years? Because, according to his friends, he feels an obligation to continue doing the job for as long as he is able, regardless of the political implications of his departure. Of course, no one except Thomas knows for sure what he will do, and that leaves his decision open to speculation....
    The first to state his case seems right until another comes and cross-examines him.

  • #2
    dun. dun. DUNNNNN!

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    • #3
      Who knows if Thomas has any plans whatsoever on retiring. There were rumors year after year about Kennedy retiring until he finally did it.

      What's more interesting to me is who he'd be replaced with if he retires under the current government. He's the only African-American on the court, and was probably selected for the position because he was replacing Thurgood Marshall, who was previously the only African-American on the court. However, the only African-American on Trump's list is Robert P. Young Jr., but he's very old; Ginsburg was considered surprisingly old for a Supreme Court nominee, and Young is 7 years older than she was at the time. So he's basically out. The closest thing you can probably get is Amul Thapar, an Indian American, which at least fulfills the racial minority card.

      Of course, Trump is hardly one to care about identity politics, so he might just disregard all of that and nominate whoever else.

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      • #4
        I'm looking forward to the fireworks when Amy Barrett is nominated.

        Historically, Evangelicals have been underrepresented and there has never been a Pentecostal on the Court. From that perspective, Ted Cruz or (less favorably) John Ashcroft would be good choices.
        Geislerminian Antinomian Kenotic Charispneumaticostal Gender Mutualist-Egalitarian.

        Beige Federalist.

        Nationalist Christian.

        "Everybody is somebody's heretic."

        Social Justice is usually the opposite of actual justice.

        Proud member of the this space left blank community.

        Would-be Grand Vizier of the Padishah Maxi-Super-Ultra-Hyper-Mega-MAGA King Trumpius Rex.

        Justice for Ashli Babbitt!

        Justice for Matthew Perna!

        Arrest Ray Epps and his Fed bosses!

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