Radicalized Supreme Court Worst Result of Obama 2nd Term?
The justices of the future will decide our nation’s course on abortion, affirmative action, civil liberties and gay rights, not to mention big-ticket policy items such as health care. Our Founding Fathers never imagined such a role for the court, but for better or worse, it is here to stay. Vote your conscience this time around, but for heaven’s sake, vote on the Supreme Court. It’s going to matter. – Bloomberg
By Noah Feldman at Bloomberg.com
When it comes to Supreme Court appointees, though, the differences really are going to be stark — and they will last for a generation.
Under Romney, Scalia might retire to give a Republican president the chance to replace him with someone young and comparably conservative. That would consolidate the conservative majority of Chief Justice John Roberts, Justice Samuel Alito and Justice Clarence Thomas (now 64) for as long as Thomas stayed healthy.
Or consider the scenario where Obama is re-elected and either Scalia or Kennedy is replaced by a relatively more liberal justice. That would in turn create incentives for Ginsburg and Breyer to retire, which would allow the possibility of a five-justice liberal majority in which Justice Sonia Sotomayor, now 58, would be the eldest.
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