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TDale313

(7,820 posts)
Mon Jun 27, 2022, 02:44 PM Jun 2022

When should RBG have stepped down?

I know the idea that she was selfish in staying as long as she did has been a talking point for many… but when could she have stepped down safely and known she would have gotten a non-RW replacement? She may have been hanging on in the hopes that if Hillary won the fever might break and she could get a replacement confirmed. But they were blocking Obama noms for a significant period of time. Stepping down before 2016 was no guarantee, after 2016 Trump was in office so she essentially couldn’t step down. Before 2012? Maybe… but was she in a position where she felt it was necessary or prudent? I’m not sure the timeline or her health issues, but I feel it’s perhaps a bit unfair to blame her for not stepping down at a “safe” point… not sure there have been many recently.

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When should RBG have stepped down? (Original Post) TDale313 Jun 2022 OP
Before the Rs took back the Senate under Obama. House of Roberts Jun 2022 #1
She couldn't have known that Republicans would pull the stunt they did. W_HAMILTON Jun 2022 #8
Well said emulatorloo Jun 2022 #14
As far as YOU can tell, House of Roberts Jun 2022 #25
Fair enough. And I believe you are correct. OTOH Some of them are blue checks emulatorloo Jun 2022 #28
Lot of people here too pushing the same thing even now, many of them long term members. Lancero Jun 2022 #66
They are. W_HAMILTON Jun 2022 #45
From the OP: "...when could she have stepped down safely..." House of Roberts Jun 2022 #23
I think OP is actually posting against revisionist history. Here's a quote. emulatorloo Jun 2022 #31
Did you? W_HAMILTON Jun 2022 #46
Disagree..she was smart, savvy and knew the repukes as well or better than anyone PortTack Jun 2022 #47
And by virtue of her being smart and saavy... W_HAMILTON Jun 2022 #50
Agree...but still the dye was already cast. Even if it wasn't this bad, we needed a chance to maintain PortTack Jun 2022 #55
We had a chance. A very easy, obvious chance. W_HAMILTON Jun 2022 #56
Yes I can't count the number of times I posted 2 words..remember SCOTUS PortTack Jun 2022 #57
Unless she lost re-election in 2020 Polybius Jun 2022 #60
Which would involve dumbasses doing the same thing in 2020... W_HAMILTON Jun 2022 #62
The idea that electing Hillary would have changed nothing is just not true. Demsrule86 Jun 2022 #78
I love her more than Biden, and wanted her to run in 2020 Polybius Jun 2022 #80
Democrats held the Senate until 2015 tinrobot Jun 2022 #2
And the filibuster for SCOTUS nominees was still in effect wryter2000 Jun 2022 #43
So her goal was to what...? Beautiful Disaster Jun 2022 #65
She wasn't sick in 2012 wryter2000 Jun 2022 #67
Yes she was. She suffered this illness for a long time. And she was old and courts matter. Demsrule86 Jun 2022 #82
She first underwent surgery for pancreatic cancer in 2009. Crunchy Frog Jun 2022 #90
In 2014, she was 81 years old. Beautiful Disaster Jun 2022 #103
Before he lost the Senate, Obama nominated and the Senate approved Justice Sonia Sotomayor. Demsrule86 Jun 2022 #81
Not as liberal as her, no, but I'm sure there could have been a pro-Roe winner nt sir pball Jun 2022 #96
During Obama's first two years. She was already ill...she was a good person but all her work Demsrule86 Jun 2022 #3
Post removed Post removed Jun 2022 #4
had she stepped down by 2015, roe would not have been overturned AlexSFCA Jun 2022 #5
Repubs were already blocking Obama's nominees. TDale313 Jun 2022 #7
They might have wanted to, but having TWO seats vacant could have been different karynnj Jun 2022 #36
They couldn't block a nominee until the GOP won the Senate...she should have stepped down in Demsrule86 Jun 2022 #73
Yes it would... just not as fully FBaggins Jun 2022 #10
Is this sort of forensic analysis helpful? Duncan Grant Jun 2022 #6
Probably because twitterlandia and Reddit are on a tear about how "evil" RBG is and how it is emulatorloo Jun 2022 #12
Thank you. Duncan Grant Jun 2022 #21
... emulatorloo Jun 2022 #22
It's just as valid as the sizeable "it all comes down to 2016" crowd here. nt Doremus Jun 2022 #32
Never mention that woman from "The Hunger" here. Ever. (nt) Duncan Grant Jun 2022 #42
You mean the political activist who was a surrogate for Nader, Edwards and Sanders who has betsuni Jun 2022 #61
Niagara Falls! Slowly I turned, inch by inch, step by step... Duncan Grant Jun 2022 #63
This is Democratic Underground, a forum for supporters of Democrats, not Republicans or 3rd parties. betsuni Jun 2022 #64
Niagara Falls! (nt) Duncan Grant Jun 2022 #79
THis is why we need to reform the court MadameButterfly Jun 2022 #9
The people determine the court through elections iemanja Jun 2022 #17
Agreed inthewind21 Jun 2022 #69
We can't reform the SCOTUS. It is a separate but equal branch of our Government, we don't Demsrule86 Jun 2022 #84
During Obama's first term definitely. I clearly remember all the discussion about this and JoanofArgh Jun 2022 #11
It wouldn't have mattered iemanja Jun 2022 #13
I don't think you can argue she didn't have a clear window of time n/t 867-5309. Jun 2022 #15
It is what it is PuraVidaDreamin Jun 2022 #16
When should we stop blaming Democrats for things the GOP does? FSogol Jun 2022 #18
Jeff Tiedrich, is that you? Duncan Grant Jun 2022 #27
That's a little reductive. Act_of_Reparation Jun 2022 #51
Thank you wryter2000 Jun 2022 #88
If RBG retired before the 2014 midterms, the 60 vote filibuster was in effect LetMyPeopleVote Jun 2022 #19
If Republicans filibustered a SCOTUS pick in 2014, I have no doubt Reid would have gone nuclear tritsofme Jun 2022 #26
The existence of the 60 vote requirement would have meant that Obama would have selected a moderate LetMyPeopleVote Jun 2022 #34
Well, we ended up with Amy Coney Barrett. tritsofme Jun 2022 #38
Why the ever loving inthewind21 Jun 2022 #76
Kennedy and Breyer made a different strategic choice. tritsofme Jun 2022 #83
Speaking of Kennedy inthewind21 Jun 2022 #86
I'm not really sure what this means. Kennedy and Breyer chose to retire tritsofme Jun 2022 #92
Woulda, coulda, shoulda ornotna Jun 2022 #20
When should Mitch McConnell have stepped down? When should the entire Democratic Senate ... Hekate Jun 2022 #24
I'm very specifically not in the OP... TDale313 Jun 2022 #33
It is starting to seep into the talking heads & interviews with young political women on TV... Hekate Jun 2022 #39
Yeah, we're on the same page. TDale313 Jun 2022 #40
She clearly should have retired before 2015, plenty of people said this at the time. tritsofme Jun 2022 #29
Yep. A good time might have been when the colon cancer returned. Or when it became metastatic. keep_left Jun 2022 #48
It was a real weird time Sympthsical Jun 2022 #52
Exactly, I feel much more sorrow than anger towards RBG for how it worked out tritsofme Jun 2022 #54
I know that RBG is not the villain here...the GOP is the villain but I am still pissed at her Demsrule86 Jun 2022 #74
It doesn't matter sarisataka Jun 2022 #30
Now do Brewer. tenderfoot Jun 2022 #35
Are you reading the post? TDale313 Jun 2022 #37
I know you mean well wryter2000 Jun 2022 #41
When Obama asked her to lunch and suggested it. BannonsLiver Jun 2022 #44
Who is saying she had no choice but to hang on? onenote Jun 2022 #70
It has forever changed her legacy. That is the truth...much of which she did and stood for Demsrule86 Jun 2022 #75
Whatever. BannonsLiver Jun 2022 #85
OK Behind the Aegis Jun 2022 #49
Yes. As I said in the op, TDale313 Jun 2022 #53
I think all justices should step down by 78, preferably much sooner. ecstatic Jun 2022 #58
Many Justices never step down Polybius Jun 2022 #59
Souter hated Washington and his attitude toward the court really soured after Bush v. Gore Midwestern Democrat Jun 2022 #101
Doesn't matter anymore... Iggo Jun 2022 #68
It seems to have been a contributing factor in Breyer's choice to retire when he did. Crunchy Frog Jun 2022 #93
Be here, now. H2O Man Jun 2022 #71
Why did Al Gore not fight harder to get the Florida votes counted? Buckeyeblue Jun 2022 #72
Oh please...I have but one thing to say...FUCK NADER. Demsrule86 Jun 2022 #77
I just posted this because it's more than RBG not retiring that got us to this place Buckeyeblue Jun 2022 #98
No doubt about that...but every seat counts and she should have retired. Demsrule86 Jun 2022 #99
She wanted the first woman president to select Emile Jun 2022 #87
I thought, at the time, that she should have stepped down before the 2012 election. Crunchy Frog Jun 2022 #89
None of this matters. What happen now and in the future matters. Dysfunctional Jun 2022 #91
doesn't matter..that's the past Demovictory9 Jun 2022 #94
Those who do not remember the past are condemned to repeat it. Crunchy Frog Jun 2022 #95
2014 pstokely Jun 2022 #97
let's face it Skittles Jun 2022 #100
Jim Mora said it best. "Woulda, coulda, shoulda. Justice Ginsberg didn't know, much less anyone else BunkieBandit Jun 2022 #102

House of Roberts

(5,174 posts)
1. Before the Rs took back the Senate under Obama.
Mon Jun 27, 2022, 02:53 PM
Jun 2022

Any time since then, there wouldn't have been a hearing for a D nominated Justice anyway.

Even if Hillary had won, the court would still be 4-3 conservative since Kennedy wouldn't have stepped down.

W_HAMILTON

(7,867 posts)
8. She couldn't have known that Republicans would pull the stunt they did.
Mon Jun 27, 2022, 03:11 PM
Jun 2022

Blame those that didn't vote for Hillary in 2016, after seeing what Republicans had done and after they had been sufficiently warned that the next president would determine the outcome of the Court and that Roe v. Wade would be on the chopping block if Trump were elected. And some of those fools dare to call themselves "progressives..."

And, no, Roe v. Wade would not have been overturned had Hillary been elected.

emulatorloo

(44,130 posts)
14. Well said
Mon Jun 27, 2022, 03:23 PM
Jun 2022

And as far as I can tell, its the people on twitter and Reddit who refused to vote for Hillary that are the ones trying to vilify/demonize RBG

House of Roberts

(5,174 posts)
25. As far as YOU can tell,
Mon Jun 27, 2022, 03:38 PM
Jun 2022

they could just as easily have been Russian troll-bots, dividing our side to help Trump.

Lancero

(3,003 posts)
66. Lot of people here too pushing the same thing even now, many of them long term members.
Tue Jun 28, 2022, 03:12 AM
Jun 2022
https://www.democraticunderground.com/100216841366

Bunch of long term members, and otherwise highly active people. Maybe some of them are paid in roubles, but frankly? Looks more like most of them just can't help but blame women for everything.

W_HAMILTON

(7,867 posts)
45. They are.
Mon Jun 27, 2022, 04:11 PM
Jun 2022

Because most of them spend all their time attacking Democrats on the internet because it gets them the likes and retweets (from Russian and Republican trolls) that they so crave.

House of Roberts

(5,174 posts)
23. From the OP: "...when could she have stepped down safely..."
Mon Jun 27, 2022, 03:37 PM
Jun 2022

I could have predicted McConnell would have sabotaged any nominee from a Dem President.

If Hillary had somehow squeaked by Trump in 2016, forget about any blue wave in 2018. We'd probably have Trump as President NOW.

We'd have lived 2010 all over again, and gotten squat from a Republican Congress to fight Covid, and no Federal unemployment extensions/supplements either. It would all have been blamed on Hillary, and we would have been destroyed in 2020. Sorry, not buying your revisionist history assertions. Mine are just as valid and more likely to have took place, if we're going to argue counterfactuals.

emulatorloo

(44,130 posts)
31. I think OP is actually posting against revisionist history. Here's a quote.
Mon Jun 27, 2022, 03:42 PM
Jun 2022

OP writes:

‘ I’m not sure the timeline or her health issues, but I feel it’s perhaps a bit unfair to blame her for not stepping down at a “safe” point… not sure there have been many recently.’

PortTack

(32,771 posts)
47. Disagree..she was smart, savvy and knew the repukes as well or better than anyone
Mon Jun 27, 2022, 04:12 PM
Jun 2022

The safe thing would have been to go out under Obama, b4 2010 midterms.

W_HAMILTON

(7,867 posts)
50. And by virtue of her being smart and saavy...
Mon Jun 27, 2022, 04:50 PM
Jun 2022

...she did not predict what happened or else she may have.

The safe thing would have been for people that claim to be progressive would have been to vote in 2016 for only fucking progressive candidate for president that could have prevented this: Hillary Clinton.

PortTack

(32,771 posts)
55. Agree...but still the dye was already cast. Even if it wasn't this bad, we needed a chance to maintain
Mon Jun 27, 2022, 05:47 PM
Jun 2022

A more liberal court.

W_HAMILTON

(7,867 posts)
56. We had a chance. A very easy, obvious chance.
Mon Jun 27, 2022, 05:49 PM
Jun 2022

And just enough people (claiming to be ON OUR SIDE, no less) failed us in November 2016 when they didn't vote for Hillary.

They were warned.

Polybius

(15,423 posts)
60. Unless she lost re-election in 2020
Tue Jun 28, 2022, 12:43 AM
Jun 2022

Then Kennedy steps down and President Romney or whoever picks three Justices of his own (the first two being Scalia and RGB's replacements).

W_HAMILTON

(7,867 posts)
62. Which would involve dumbasses doing the same thing in 2020...
Tue Jun 28, 2022, 01:47 AM
Jun 2022

...that they did in 2016 that cost us the seats to begin with.

Voting for Democrats would have prevented this -- PERIOD.

Demsrule86

(68,582 posts)
78. The idea that electing Hillary would have changed nothing is just not true.
Tue Jun 28, 2022, 12:31 PM
Jun 2022

It is an excuse for many who likely didn't vote for her...I guess they need one to help them sleep at night.

Polybius

(15,423 posts)
80. I love her more than Biden, and wanted her to run in 2020
Tue Jun 28, 2022, 12:35 PM
Jun 2022

I'm just saying that it was entirely possible for Mitch to hold up the SC seat for 4 years.

tinrobot

(10,903 posts)
2. Democrats held the Senate until 2015
Mon Jun 27, 2022, 02:55 PM
Jun 2022

Sometime before then would have been optimal. But how can you predict those things? You can't.

She did her best and went above and beyond. I just wish her health had held out for another few months.

wryter2000

(46,051 posts)
43. And the filibuster for SCOTUS nominees was still in effect
Mon Jun 27, 2022, 04:08 PM
Jun 2022

Until McConnel became majority leader. She said at the time that Obama would have no chance getting someone as liberal as her through, and she was right.

Give it a rest!

 

Beautiful Disaster

(667 posts)
65. So her goal was to what...?
Tue Jun 28, 2022, 03:02 AM
Jun 2022

Your point doesn't add up. If she knew Obama would struggle to get someone as liberal as she was with a DEMOCRATIC senate - how could you rationalize that she would believe Obama or Clinton or anyone else could get as liberal of a justice with a REPUBLICAN senate?

It's illogical.

Odds dictated that the Democrats were going to lose the Senate in 2014. For someone as smart as RBG, she certainly knew the odds were stacked against the Democrats to grow their majority in 2014. In fact, only once did a president grow his majority in a midterm year going back to 1978: Bush in 2002. That's it.

The Democrats lost three seats under Carter in 1978.

The Republicans lost one seat under Reagan in 1982.

The Republicans lost eight seats, and the Senate, under Reagan in 1986.

The Republicans lost one seat under Bush in 1990.

The Democrats lost eight seats, and the majority, under Clinton in 1994.

The Democrats and Republicans retained the same amount of seats under Clinton in 1998.

The Republicans lost six seats, and the majority, under Bush in 2006.

The Democrats lost six seats, and the majority, under Obama in 2010.

The odds dictated in 2013, after Obama began his second term, that this would be the highwater mark - at least for the second term. Every other midterm showed us exactly what he was facing: a reality where he was likely to lose the senate in 2014. If RBG couldn't see that, she clearly didn't have the mental capacity to continue on the court and I don't believe that's the case.

RBG only had to look at history to see that in 2015 through 2017, despite her advanced age and health scares, that the senate the Democrats had at that point would have been far more hostile to a liberal justice than the senate she had in 2013 and 2014.

Moreover, 2016 was not a slam dunk election and she had to have known there was an even better chance that the GOP took over in 2016 than the Democrats had of keeping the senate in 2014 based on historic trends, all but guaranteeing she would be replaced by a Republican president.

She gambled. We lost. That is a fact.

wryter2000

(46,051 posts)
67. She wasn't sick in 2012
Tue Jun 28, 2022, 11:43 AM
Jun 2022

She had no reason to retire. Yes, she was old, but she was in excellent shape. For all we know, McConnell would have pulled the same s**t he pulled later and not filled her seat.

For crying out loud, RBG is not the enemy. No wonder Democrats struggle. Circular firing squad.

Crunchy Frog

(26,587 posts)
90. She first underwent surgery for pancreatic cancer in 2009.
Tue Jun 28, 2022, 01:56 PM
Jun 2022

She dealt with colon cancer even earlier. She absolutely had major health considerations in 2012.

I doubt McConnell would have been able to do much at that time, as the Dems had a pretty solid Senate majority. Obama managed to appoint two other SC jusices in his first term.

 

Beautiful Disaster

(667 posts)
103. In 2014, she was 81 years old.
Thu Jun 30, 2022, 09:14 PM
Jun 2022

She had suffered two bouts of cancer, including one in 2009. That alone should have given any person with a lifetime appointment to the most important bench in the country pause.

RBG IS NOT THE ENEMY but the hubris of some on the court HAS fucked us over. Be thankful Breyer, who is younger than RBG was when she died, decided to step down (and he's been far more healthy than she was) or we'd be looking at an even worse situation.

The point is that we need to be smart, especially when it comes to the Supreme Court. RBG should have stepped down in 2014. The fact she didn't certainly guaranteed that she wouldn't be able to going forward and that the only way her tenure was ending was by death.

Imagine if Kennedy hadn't stepped down under Trump. He's still healthy. But he wanted Trump to choose his replacement. Now not only is the court MORE conservative, it has a justice who will be on it far longer than Kennedy could have ever held out for.

Demsrule86

(68,582 posts)
81. Before he lost the Senate, Obama nominated and the Senate approved Justice Sonia Sotomayor.
Tue Jun 28, 2022, 12:36 PM
Jun 2022

He also appointed Elana Kagen...so you are just plain wrong. And had RBG retired before we lost the Senate, she would have been replaced. He ended the filibuster for federal judges and let it be known that the same would be done for SCOTUS should the GOP play games with his nominees. It was not until we lost the Senate in 15 that we couldn't get a nominee through.

Demsrule86

(68,582 posts)
3. During Obama's first two years. She was already ill...she was a good person but all her work
Mon Jun 27, 2022, 02:55 PM
Jun 2022

is now shit. They ruled it was OK to kill death row prisoners without considering evidence of innocence, they overthrew Roe, they ruled to allow prayer at schools, they forced states to fund parochial schools...the list goes on and on...I loved her but she let us down.

Response to TDale313 (Original post)

AlexSFCA

(6,137 posts)
5. had she stepped down by 2015, roe would not have been overturned
Mon Jun 27, 2022, 02:59 PM
Jun 2022

Roberts did not vote to overturn.
And if we lose senate and presidency, then I can see thomas retiring so that gop can push through a comparable younger replacement. If we win, there is a chance thomas may die so we can replace him.

TDale313

(7,820 posts)
7. Repubs were already blocking Obama's nominees.
Mon Jun 27, 2022, 03:03 PM
Jun 2022

What makes you think they wouldn’t have blocked her replacement?

karynnj

(59,503 posts)
36. They might have wanted to, but having TWO seats vacant could have been different
Mon Jun 27, 2022, 03:45 PM
Jun 2022

For one, the public might have been more concerned. Two, it would very definitely have made it even more obvious that the Supreme Court was on the ballot. As it was, PBS and others had interviews with conservative women who were offended by Trump, but who said they would vote for him because of their views on abortion. They saw the possibility of one of their justices, Scalia, being replaced by HRC as a loss.

If it were not just that seat, but RBG, would it have driven out more on the left? It is impossible to know and there have often been more one issue right wing abortion voters, but it is possible. Knowing the winner would get at least 2 justices, it could have made people really see Roe v Wade as vulnerable.

Demsrule86

(68,582 posts)
73. They couldn't block a nominee until the GOP won the Senate...she should have stepped down in
Tue Jun 28, 2022, 12:21 PM
Jun 2022

2010...before the midterm.

FBaggins

(26,743 posts)
10. Yes it would... just not as fully
Mon Jun 27, 2022, 03:13 PM
Jun 2022
Roberts did not vote to overturn.

But if Roberts' opinion had been the ruling of the court... very few here would have agreed that Roe had not been overturned.

It would not have been as comprehensively dismantled, but there would be little left of it. The notion that the state could not interfere prior to the viability line would be gone.

Duncan Grant

(8,264 posts)
6. Is this sort of forensic analysis helpful?
Mon Jun 27, 2022, 03:02 PM
Jun 2022

No offense intended but here we are. What’s it time for now?

I guess that’s my personal focus; what now, what next?

emulatorloo

(44,130 posts)
12. Probably because twitterlandia and Reddit are on a tear about how "evil" RBG is and how it is
Mon Jun 27, 2022, 03:21 PM
Jun 2022

“Her Fault” that Roe v Wade was overturned.

Basically which allows the twits and reddits to let Trump and the Psycho SCOTUS off the hook by blaming a liberal woman instead

Agree w yr focus. But the bullshit I described above annoys me.

betsuni

(25,535 posts)
61. You mean the political activist who was a surrogate for Nader, Edwards and Sanders who has
Tue Jun 28, 2022, 12:48 AM
Jun 2022

a great deal of MSM media exposure and warned people that Hillary was more dangerous than Trump. The propaganda aimed at young people new to politics that there was no difference between the parties, that Democrats like Obama and Hillary were the real corrupt warmongers, and like Michael Moore said, more of a roadblock to progress than Trump. On MSM. Anyone who did that helped Russia/Republicans.

Duncan Grant

(8,264 posts)
63. Niagara Falls! Slowly I turned, inch by inch, step by step...
Tue Jun 28, 2022, 01:55 AM
Jun 2022

I walked up to him, I smashed him, I hit him, I bonked him, I bopped him, I socked him and I mashed his face and I knocked him down.

betsuni

(25,535 posts)
64. This is Democratic Underground, a forum for supporters of Democrats, not Republicans or 3rd parties.
Tue Jun 28, 2022, 02:34 AM
Jun 2022

MadameButterfly

(1,062 posts)
9. THis is why we need to reform the court
Mon Jun 27, 2022, 03:11 PM
Jun 2022

If every president got to appoint two justices per term, regardless of who retires, and terms were limited to 20 years, everyone would get the term they were due without having to sacrifice their dream job (for which they are a rock star) over a future they can't predict. The size of the court would fluctuate, but that number is not in the constitution.

The story goes that Sandra Day O'Connor was upset when Gore challenged Bush in Florida because she wanted to retire. If Gore was elected she'd have to hang on 4 more years. Helluva reason to overturn an election and set us on a road to destroying the planet and democracy.

Now the biggest criteria for Republican nominees (besides their stand on RoevWade) is their age. Young, unqualified justices will outlive most Americans and maybe our children too, and in this case set voting laws that keep only their kind in power. Too close to royalty IMO.

iemanja

(53,034 posts)
17. The people determine the court through elections
Mon Jun 27, 2022, 03:26 PM
Jun 2022

It's time for inconstant Democrats and those on the left to quit fucking around with elections. This is what happens when they complain about how they can't "hold their nose" to vote for a Democrat.

We lost Roe in 2016, and we lost it before then when the Republicans have for decades filled state and circuit courts with RWers. Only now people pay attention to it, when they should have done decades ago. We fucked this one up royally.

Demsrule86

(68,582 posts)
84. We can't reform the SCOTUS. It is a separate but equal branch of our Government, we don't
Tue Jun 28, 2022, 12:40 PM
Jun 2022

have to listen to their rulings though for the same reason...they have no standing armies. We can add or subtract members, of course. But were are limited in what we can do.

JoanofArgh

(14,971 posts)
11. During Obama's first term definitely. I clearly remember all the discussion about this and
Mon Jun 27, 2022, 03:17 PM
Jun 2022

am guessing she got some pressure from the Obama admin as well

iemanja

(53,034 posts)
13. It wouldn't have mattered
Mon Jun 27, 2022, 03:23 PM
Jun 2022

the decision was 6-3. There is little more repulsive than blaming RGB for this, after she spent a lifetime fighting for what was right. It wasn't her job to game the system. It was our job to get Hillary elected.

PuraVidaDreamin

(4,101 posts)
16. It is what it is
Mon Jun 27, 2022, 03:26 PM
Jun 2022

And it isn't what it ain't

Doesn't matter what it was

We must move forward and can't look back.

Act_of_Reparation

(9,116 posts)
51. That's a little reductive.
Mon Jun 27, 2022, 05:05 PM
Jun 2022

The GOP is responsible for the shit the GOP does, but as the opposing party we have a responsibility to, well, oppose them. So we do have a role in this, however limited it may be.

I'm sure there are people squawking about this being all Justice Ginsberg's fault. It's not. And they're wrong. That being said, Justice Ginsberg was a human being, and she made a strategic mistake, and that's worth talking about if only to avoid doing it in the future.

wryter2000

(46,051 posts)
88. Thank you
Tue Jun 28, 2022, 01:33 PM
Jun 2022

No wonder we struggle. We’re our own enemy after the Republicans.

I haven’t used the ignore function much, but that could change.

LetMyPeopleVote

(145,291 posts)
19. If RBG retired before the 2014 midterms, the 60 vote filibuster was in effect
Mon Jun 27, 2022, 03:28 PM
Jun 2022

The Democrats had made a big deal in the nuclear vote for cabinet and lower judges of keeping the 60 vote requirement in for SCOTUS judges. That would had played in to RBG's decision to stay on.

Again, Hillary warned us



tritsofme

(17,379 posts)
26. If Republicans filibustered a SCOTUS pick in 2014, I have no doubt Reid would have gone nuclear
Mon Jun 27, 2022, 03:39 PM
Jun 2022

again to make sure the nominee was confirmed.

After 2013, it was only a matter of time.

LetMyPeopleVote

(145,291 posts)
34. The existence of the 60 vote requirement would have meant that Obama would have selected a moderate
Mon Jun 27, 2022, 03:43 PM
Jun 2022

Obama selected Merrick Garland because Garland was a moderate. If RBG had retired earlier, then Obama would still have picked a moderate like Garland. RBG was hoping for a stronger replacement which she thought that could get if Hillary won

I do not fault RBG's decision

tritsofme

(17,379 posts)
38. Well, we ended up with Amy Coney Barrett.
Mon Jun 27, 2022, 03:47 PM
Jun 2022

It was a poor decision, with consequences that will last decades.

Hillary likely would have had to deal with a McConnell run Senate, it’s not clear she could have gotten anyone confirmed, let alone someone better than Garland.

 

inthewind21

(4,616 posts)
76. Why the ever loving
Tue Jun 28, 2022, 12:26 PM
Jun 2022

fuck was it solely RBG's job to save this country from it's self? Which is EXACTLY what those blaming her are making it. Know how to control/safeguard the Supreme Court, the keepers of the Constitution? You FUCKING VOTE! You don't whine and pout and crusade against those who would safeguard it because gas prices are too high or you want your debt discharged, or you want this or that or you "just can't relate" to candidate X. YOU FUCKING VOTE! You look at the two candidates you don't like and you ask yourself, which one could cause the most damage, then you go do a civics refresher course, you realize it's not a perfect system but it's what you have to work with and the stakes are too high to play petty games. And then, YOU FUCKING VOTE! Whining and crying and blaming everyone BUT the voter after the fact does ZERO good. It took decades to get the Roe decision. It took decades for the Republicans to bring it down. Roll up your sleeves and get ready, it will take decades to right this ship.

tritsofme

(17,379 posts)
83. Kennedy and Breyer made a different strategic choice.
Tue Jun 28, 2022, 12:39 PM
Jun 2022

Had Ginsberg taken that path and retired before 2015, the Court would be in a different place today. I’m not sure why this is controversial?

 

inthewind21

(4,616 posts)
86. Speaking of Kennedy
Tue Jun 28, 2022, 12:43 PM
Jun 2022

Funny thing, he was replaced by Kavanaugh giving the SC a 5-4 majority. But hey' it's ALL RBG's fault!

tritsofme

(17,379 posts)
92. I'm not really sure what this means. Kennedy and Breyer chose to retire
Tue Jun 28, 2022, 02:08 PM
Jun 2022

and have their replacement chosen by the party that appointed them, they will both have been replaced by their own clerks.

Ginsberg made a different, much more unfortunate, decision.

Hekate

(90,708 posts)
24. When should Mitch McConnell have stepped down? When should the entire Democratic Senate ...
Mon Jun 27, 2022, 03:38 PM
Jun 2022

… have risen up in wrath and destroyed the filibuster? When should the Democrats have seized every opportunity to stop being gentlemen and realize we are in a fight for the republic?

Everybody: stop blaming RBG. Just stop.

TDale313

(7,820 posts)
33. I'm very specifically not in the OP...
Mon Jun 27, 2022, 03:43 PM
Jun 2022

But I agree- I think it’s wrong to blame her for where we’re at for a whole host of reasons. I’m just seeing a lot of “if only she’d stepped down earlier” and I don’t think that tracks.

Hekate

(90,708 posts)
39. It is starting to seep into the talking heads & interviews with young political women on TV...
Mon Jun 27, 2022, 03:48 PM
Jun 2022

One said this morning, “This is going to be RBG’s legacy.” Like hell it will.

And that is what I’m reacting to.

tritsofme

(17,379 posts)
29. She clearly should have retired before 2015, plenty of people said this at the time.
Mon Jun 27, 2022, 03:41 PM
Jun 2022

It’s not disrespectful to acknowledge reality.

keep_left

(1,783 posts)
48. Yep. A good time might have been when the colon cancer returned. Or when it became metastatic.
Mon Jun 27, 2022, 04:29 PM
Jun 2022

Those would both have been times where it would have been prudent to hang up one's gavel. Especially because RBG was by all accounts one of the giants of feminism. RBG knew, or ought to have known, that the far-right (which is now most of the right) does not act or legislate in good faith, and arguably has not since the days of Newt Gingrich, 30 years ago. She certainly knew the kind of candidates they had in mind to replace her.

I think everyone at DU has great respect for RBG. I certainly do, and mean no disrespect to her legacy (first Jewish woman on the Court, etc.). But a timely exit might have made it possible for Obama to fight for a replacement candidate that wasn't a "Neanderthal", to use the terminology Ted Kennedy used.

Sympthsical

(9,074 posts)
52. It was a real weird time
Mon Jun 27, 2022, 05:08 PM
Jun 2022

There was a lot of pressure to get a replacement in when President Obama was able. At some point, everything just got weird with hagiography. There was a five year period where I was trying to pinpoint why people were participating in a group hallucination about things.

I think I packed it in when that book about her work out routine came out. People were saying, without any trace of irony, "I couldn't do that! She's in crazy good shape!" It was like . . . a woman in her 80s . . . cancer multiple times . . . lifting 2.5 weights . . . and people were making posts on social media and actual journalists pumping her up to be practically an Olympian.

It was so weird.

I'm not sure if that was mass denial or just a shitload of hope. Because I know, the instant 2016 happened, I was white-knuckling it about her health relentlessly.

I loved RBG - we all did - but even she knew Roe would not last if conservatives ever had a solid majority. She warned and warned and warned about it. I just don't understand why she didn't take her own advice and do what was in her control to save it as long as possible. 2016 was always a gamble. A party winning a third term is fairly unusual in modern history. Since WWII, only HW Bush managed it. Let that one marinate. That was the gamble.

I don't think there's any point in litigating it. It was McConnell and will always be McConnell for me. He not only fucked us with the Garland nomination, he then nakedly did the precise opposite with RBG's death a month before the election.

One man alone swung two of those seats through sheer naked senatorial shittery. There were so many choices that led up to where we are, but for me, he's the big factor. He's where the ire goes.

Everything else just feels like intraparty axes being ground out, and it's tiresome. Same people saying the same things, and data, facts, and reality won't budge it. I long ago stopped trying.

The question facing us is, what do we do now? Yelling at people over perceived past slights isn't a persuasive exercise. Step One: Win November. Corollary to Step One: Stop screaming at everyone over shit that happened in the past, because you need all hands on deck now.

If that doesn't happen, then we're not serious, and more blows will be incoming.

tritsofme

(17,379 posts)
54. Exactly, I feel much more sorrow than anger towards RBG for how it worked out
Mon Jun 27, 2022, 05:28 PM
Jun 2022

And of course McConnell is the true villain.

But I don’t understand the denialism, in pretending that she didn’t make a mistake. It doesn’t make her any less, it just makes her human.

Demsrule86

(68,582 posts)
74. I know that RBG is not the villain here...the GOP is the villain but I am still pissed at her
Tue Jun 28, 2022, 12:24 PM
Jun 2022

for not stepping down before the GOP won the Senate.

TDale313

(7,820 posts)
37. Are you reading the post?
Mon Jun 27, 2022, 03:45 PM
Jun 2022

Cause I’m pretty clearly saying I don’t think we should be blaming her for where we’re at.

wryter2000

(46,051 posts)
41. I know you mean well
Mon Jun 27, 2022, 04:06 PM
Jun 2022

But please, let this "controversy" die. Democrats aren't to blame for what has happened. RBG isn't to blame. Republicans and faux "Christians" are to blame.

BannonsLiver

(16,387 posts)
44. When Obama asked her to lunch and suggested it.
Mon Jun 27, 2022, 04:10 PM
Jun 2022

That was not long after he won re election in 2012. But sure, let’s keep up the bullshit story she had no choice but to hang on until she was dead.

onenote

(42,704 posts)
70. Who is saying she had no choice but to hang on?
Tue Jun 28, 2022, 12:13 PM
Jun 2022

It seems to be that is, as you say, "bullshit."

Of course she could have retired. But it was her choice whether and, if so, when to retire. Hindsight is 20-20 and not particularly productive at this particular moment in time.

Demsrule86

(68,582 posts)
75. It has forever changed her legacy. That is the truth...much of which she did and stood for
Tue Jun 28, 2022, 12:26 PM
Jun 2022

will be undone by this court.

BannonsLiver

(16,387 posts)
85. Whatever.
Tue Jun 28, 2022, 12:40 PM
Jun 2022

Keep singing that tune. Doesn’t make her terrible, selfish decision to hang on until she was dead look any better. Not everyone is going to give her a pass for that.

TDale313

(7,820 posts)
53. Yes. As I said in the op,
Mon Jun 27, 2022, 05:13 PM
Jun 2022

I am not convinced there’s been a safe point in the recent past where she could have been sure Repubs wouldn’t block her replacement’s nomination.

I should probably have just not brought this up, but icymi, my point in the original was just that it seemed kinda unfair to lay where we’re at not at her feet.

ecstatic

(32,705 posts)
58. I think all justices should step down by 78, preferably much sooner.
Tue Jun 28, 2022, 12:12 AM
Jun 2022

I'm not referring to any other job, just the Supreme Court. Just my opinion.

Polybius

(15,423 posts)
59. Many Justices never step down
Tue Jun 28, 2022, 12:35 AM
Jun 2022

William Rehnquist didn't either. Then there's the flip side, retiring way too soon like David Souter. I still don't get that one. There's been three Presidential elections since he retired.

101. Souter hated Washington and his attitude toward the court really soured after Bush v. Gore
Tue Jun 28, 2022, 07:26 PM
Jun 2022

He wanted to quit right then but realized that would have been giving Bush exactly what he wanted - he was out the door the minute a Democrat was elected president.

Crunchy Frog

(26,587 posts)
93. It seems to have been a contributing factor in Breyer's choice to retire when he did.
Tue Jun 28, 2022, 02:11 PM
Jun 2022

So it does look like at least some lessons were taken from this disaster.

Buckeyeblue

(5,499 posts)
72. Why did Al Gore not fight harder to get the Florida votes counted?
Tue Jun 28, 2022, 12:19 PM
Jun 2022

All he had to do was throw out the idea that W would be an illegitimate president if all the votes were not counted.

Roberts and Alito would be old federal judges whose name very few people would know.

Demsrule86

(68,582 posts)
99. No doubt about that...but every seat counts and she should have retired.
Tue Jun 28, 2022, 07:10 PM
Jun 2022

Obama seated two judges on SCOTUS...so had she resigned before we lost the Senate, we would be in a better position. I think Roe would not have been completely lost but Robers would have had the incentive to make a more balanced ruling. I am disappointed in RBG. Why she thought the GOP would honor any request is beyond me.

Emile

(22,771 posts)
87. She wanted the first woman president to select
Tue Jun 28, 2022, 12:47 PM
Jun 2022

her replacement. I wished she would have retired a five years earlier.

Crunchy Frog

(26,587 posts)
89. I thought, at the time, that she should have stepped down before the 2012 election.
Tue Jun 28, 2022, 01:36 PM
Jun 2022

Between her health issues and the fact that there were no guarantees that Obama would be reelected, it seemed by far the most prudent move.

She certainly should have stepped down before the 2014 midterms.

Sorry if anyone's offended, but that's how I've viewed it all along.

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