Tony Mauro in the Legal Times:
As the theory goes, all three justices [Stevens, Souter, Ginsburg] would be happier being replaced under Democrat Obama than they would have been under Republicans John McCain or, for the last eight years, President George W. Bush. Names of possible replacements for the three are bandied about as often as candidates for Obama’s Cabinet.
But as Ginsburg’s broadly dropped hints suggest, justices don’t always follow political timetables for their departures. They often remain as long as they feel their health and their work product are still good. The political persuasion of the president, while sometimes a factor justices consider in timing their departures, rarely is decisive.

Leave a comment