Supreme Court - How long until older liberal Justices step down?

[Soup Bean]

I would hazard a guess that Justices Ginsberg and Stevens will wait a little while to see how well President Obama governs before making decisions on whether or not to retire. However, to be safe, they should do so while the Democratic Party has a large enough majority to ensure that Justices are confirmed that will balance out the court. So, let's say within the next two years. Roberts and Alito are young men, and we need some young judges to ensure that the New Deal and what's left of the Great Society stay in place.

What do you folks think?

[drm604]

1. I think they should retire early in the Obama administration.

My only concern is that the retirement of one or both of them will temporarily tilt the court towards the right until their successor is seated.

Is it possible for them to announce their retirement, but retain their seat until their replacement has been confirmed?

[no_hypocrisy]

3. Agreed. While the Senate has its majority of democratic Senators.

[jobycom]

4. They'll probably wait until he's had a chance to settle in.

He doesn't want to be picking a Justice while he's still assembling a cabinet.

As for when they step down, they can announce that they will step down at a future date, and give Obama a chance to start the process before they leave.

[jobycom]

6. Sandra Day O'Connor stayed on until her replacement was named.

She stepped down the day Alito was sworn in, despite announcing her planned retirement six months earlier. Rehnquist died in office.

[jobycom]

2. I'm hoping Kennedy steps down, but I doubt he will.

The thing with most of the Justices is that they are doing what they want to do, and if they retire, their lives are done, except the memories. They have powerful jobs that they can perform almost as long as they are alive. So it's hard for them to step down. Most don't have the inclination to retire and go fishing and be irrelevant.

But if Obama is an eight year president, he's going to have a lot of chances. Stevens is 88. Ginsberg, Breyer, Scalia, and Kennedy are in their 70s, and Souter is 69. The odds are good he'll replace three. It's possible he'll replace four or five of them. Even if he's a four year president, he may get to replace two or three.

[bain_sidhe]

5. Most retirements are announced in June

after the term ends. Gives the President and Senate 3 months to get a new justice nominated and confirmed.

[dkofos]

7. 1/21/09