Wednesday, November 09, 2016

Did Justice Ginsberg err in not resigning 2 years ago?

I'm not convinced. An 83 year old white woman has on average a life expectancy of 7.9 years.
It may be higher for jews. It is certainly higher for Supreme Court justices. But she's a cancer survivor, and I think she's a widow, those bring it down some. But let's pretend 7.9 years.
That's long enough she could wait out a one term Trump, or even a two-term Trump, as long as Trump isn't followed by Pence or someone as bad (from her perspective.)

Of course, she might live but become incapacitated, which was awkward for Justice Douglas in his later years. In a coma, many feel she'd be a better justice than any Trump pick. (I personally have hopes for any Trump pick, both hopes and fears.)

Another option she would have had would have been to take senior status, but remain, as justice Brennan  did, an active member of the court behind the scenes.

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