Nate Silver: “If you’re someone who even vaguely cares about progressive political outcomes — someone who would rather not see a 7-2 conservative majority on the Supreme Court even if you don’t agree with liberals on every issue— you should want Sotomayor to retire and be replaced by a younger liberal justice. And — here’s the mean part — if you don’t want that, you deserve what you get.”
“The nature of lifetime appointments to the Supreme Court — something I’d reform if for some strange reason I was tasked with rewriting the Constitution — is that we as citizens have not just the right but I’d argue the responsibility to think strategically about the justices’ age and health. Perhaps — perhaps — if the political class hadn’t seen such discussions as uncouth, Ruth Bader Ginsburg would have come under more peer pressure to retire when Barack Obama could have replaced her. Instead, of course, RBG died in the waning days of the 2020 presidential campaign, replaced on the bench by Donald Trump’s choice of Amy Coney Barrett.”
