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PaperclipPerfector  7mo ago (text post)   27621 thread views

Culture War Roundup for the week of April 15, 2024

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This was also "Notorious RBG's" argument

In her case I think the truth is she expected Hilary to win and wanted the first woman President to appoint her replacement. It'd have made for a better story.

I would also add that Scalia and RGB actually did seem like high Value Over Replacement Justices, much more influential than the other justices of their team on the court, whereas Sotomayor does not seem to be. So I'd say that I think RGB might have even been correct to hold on because of her intrinsic value, but Sotomayor would be more valuable to her team by gaming the retirement to ensure her seat is a permeant Dem possession no matter how elections go.

I'd also say THAT is probably the main argument against overly strategic retirements. If that Chesterton's Fence gets knocked down then the composition of the court gets locked in to whatever it is now unless one party can get a seriously long string of victories to wait the justices out or the justices suffer untimely sudden deaths (RGB was a cancer survivor and might have seen it coming and planned ahead, Scalia's death seemed out of left field). And if the only way the composition changes is untimely justice death that sets up a mighty strong incentive for assassinations.

Scalia's death seemed out of left field

He was a 79-year-old portly guy - actuarial tables are what they are and you're basically rolling a d20 to save against death every year at that point, even if there's nothing in particular wrong with you.

I've seen that said but I can't actually find her stating it in response to Obama's light pressure.

She was asked to resign before the 2014 midterms , I doubt she was defending not doing so by saying she'd wait for the allegedly inevitable next Democratic president. I think the above take might have been cope after they lost the Senate and it was clear the GOP wouldn't confirm anyone.

I think people like her honestly just don't want to retire and the rest is just posthoc rationalization. Look at people like Feinstein.

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