Right-wing bloggers are outraged at an article in the New York Times (which I will not link to directly because it is AP) that urges Supreme Court justice Ruth Bader Ginsburg, who is 78, to retire before the 2012 election, so if Barack Obama does not win reelection, he will have the chance to appoint a liberal justice to the Court.
Abortion and affirmative action. Abortion and affirmative action. That’s the fixed point in constitutional law for a lot of people: it must work out in favor of abortion and affirmative action.
Sheesh! If it were over any kind of significant issue, you could maybe understand the concern. But abortion and affirmative action? Those are the issues Democrats and liberals are so lathered up about? Jeez Louise, next thing you know they’ll be begging Ruth Bader Ginsburg to retire so her successor can prevent those SCOTUS conservatives from eliminating recess time in grade school!
At any rate, Steve M. points out how ridiculous (and hypocritical) this rightie concern trolling is, since Republicans would block any Obama nomination from even coming to a floor vote in the Senate::
Of course, it doesn’t matter: There’s no reason for Ginsburg to step down because Barack Obama isn’t going to get another justice approved by the Senate, even if two justices resign, as has been suggested[.]
Steve and Zandar have the solution, though. Zandar quotes Steve:
If President Obama gets another Court pick and (as I strongly suspect) his pick is blocked, and (as I also strongly suspect) the thugs in the GOP make clear that literally no liberal or moderate justice will be able to avoid a filibuster (just as no tax increase is acceptable now), then maybe at some point Obama should just try reappointing O’Connor. Would the Republicans filibuster her? I don’t think they could. And sh might be the best we could do. I can’t imagine that anyone I’d really want to see on the court wouldn’t be filibustered.
And Zandar adds:
Not sure if it would be the best way or even possible, but could the GOP really filibuster Reagan’s “proof” that the GOP “cares about women”? It would put them in a huge bind, short-run. Long run…not sure if it’s a good idea, but then it may be more of an only choice.
On the other hand, considering the Tea Party at this point is willing to destroy the country’s economy just to spite Obama, blocking any Supreme Court pick seems like something they’d enjoy doing.