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I agree with so much of this, but want to offer one piece of gentle pushback - there's an old sports axiom that you shouldn't do the thing that your opponents want you to do. Don't punt on 4th and 1, don't pitch to Barry Bonds, don't take a race out slow against Mo Farah, don't swang and bang with Derrick Lewis. I'm someone that absolutely despises Sotomayor and the view that the Constitution should be highly malleable to current-year preferences, and what I want is absolutely for her to keep her seat for the moment. This is my preference for purely strategic reasons - if she stays, she may well die and be replaced by someone that views the law much more like I do. If she retires now, it'll be an incredibly stupid spectacle with people insisting that we need another Wise Latinatm and it'll probably be some crank for the Ninth Circuit or something. Regardless of whether you take a Moneyball approach or a trad gut-feel approach, you should generally not give your opponents what they want.
For me, the best argument for her not retiring cynically would be that the goal should not be to game the institutions and that you should stand on the business of insisting that this type of institutionalism should be taken seriously. The problem there is that the left already views the right as having defected from that equilibrium by refusing to confirm Garland and then replacing Ginsberg almost immediately on death.
Your argument for the growth and influence of justices over time makes sense, but the problem really does come down to the object-level justice in question - it doesn't seem like anyone, left or right, sincerely believes that Sotomayor is an intellectual giant that's going to change hearts and minds. I'm sure there's a spin on this from her fans, that it's just that her detractors are a bunch of stupid racists, but it doesn't seem like there's any real disagreement that she's never going to be treated like an important intellectual figure in shaping future courts. This argument would work much better for Kagan, who generally is treated as a serious and influential colleague with incisive perspective by both friends and foes.
I found the perfect metaphor for this scenario after yesterday: the Falcons drafting Michael Penix Jr. 8th overall, after signing Kirk Cousins for huge money in the offseason. All the possible outcomes are bad scenarios for the Falcons. If Cousins is good, Penix never plays, and they wasted the 8th pick, with which there is no question they could have drafted someone at 8 who could help Cousins win. If Cousins isn't good, and Penix actually plays, then they've wasted $45mm/yr for the years they should be benefitting from the cheap Rookie QB contract, undermining the team they could build around Penix if he's good enough to get picked 8 overall.
It's possible that this all plays out fine, and the Falcons are good despite it. Like the Niners and Trey Lance. But they're betting against themselves somewhere. They're either spending $45mm/yr because they're worried they might whiff on the 8th overall pick. Or they spent the 8th overall pick because they were worried they have whiffed on the massive free agent QB contract. The scenarios where things actually work are worse than they would be otherwise.
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Funnily enough, inasmuch as my preference is originalism, I'd expect the Dems to fumble this one and end up with a mediocre judge on the court at best. But looking at that pseudo-majority they're running out there, if I were a Dem I'd be certain that we'd end up handing Trump another pick.
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