# Could the Supreme Court be biding their time to retire until 2005? **URL:** \ **Category:** Great Debates\ **Created:** [January 10, 2004, 11:02pm UTC](https://boards.straightdope.com/t/could-the-supreme-court-be-biding-their-time-to-retire-until-2005/223885 "2004-01-10T23:02:51Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![Alzarian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@Alzarian](https://boards.straightdope.com/u/Alzarian)\ **Post date:** [January 10, 2004, 11:02pm UTC](https://boards.straightdope.com/t/could-the-supreme-court-be-biding-their-time-to-retire-until-2005/223885/1 "2004-01-10T23:02:51Z")
I was somewhat surprised by the fact that a number of the more conservative judges haven’t taken the opportunity of a Bush presidency to retire, and allow replacements who are ideologically in line with their views of the system. But then I started to wonder if the delay in retiring may have everything to do with waiting till the 2004 election, and the hope that Bush will win the office of the Presidency outright, with a clear mandate, and without the mess that 2000 brought. Maybe they figure that Bush would have a hard time getting his nominees through at this time, especially strict right-wingers. Also, how many justices can the Supreme Court have and still operate, assuming that several depart or die in office. ---
**Author:** ![Duck\_Duck\_Goose](https://avatars.discourse-cdn.com/v4/letter/d/50afbb/32.png) [@Duck\_Duck\_Goose](https://boards.straightdope.com/u/Duck_Duck_Goose)\ **Post date:** [January 11, 2004, 4:43am UTC](https://boards.straightdope.com/t/could-the-supreme-court-be-biding-their-time-to-retire-until-2005/223885/2 "2004-01-11T04:43:17Z")
[http://supreme.usatoday.findlaw.com/supreme\_court/rules/part1.html](http://supreme.usatoday.findlaw.com/supreme_court/rules/part1.html) > [@](#): > > 1. Six Members of the Court constitute a quorum. See 28 > U. S. C. § 1. In the absence of a quorum on any day ap- > pointed for holding a session of the Court, the Justices at- > tending–or if no Justice is present, the Clerk or a Deputy > Clerk–may announce that the Court will not meet until > there is a quorum. They’re not that old. 1. Thomas–1948. 2. Souter–1939. 3. Breyer–1938. 4. Kennedy–1936. 5. Scalia–1936. 6. Ginsburg–1933. 7. O’Connor–1930. 8. Rehnquist–1924. 9. Stevens–1920. ---
**Author:** ![laigle](https://avatars.discourse-cdn.com/v4/letter/l/ce7236/32.png) [@laigle](https://boards.straightdope.com/u/laigle)\ **Post date:** [January 11, 2004, 4:51am UTC](https://boards.straightdope.com/t/could-the-supreme-court-be-biding-their-time-to-retire-until-2005/223885/3 "2004-01-11T04:51:58Z")
I would imagine that several of the more conservative types might be holding out in hopes of a Congressional swing that would enable someone of their bent to get through. There’s no way another Scalia, for instance, would even be allowed on the tour in the current climate. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [January 11, 2004, 6:52am UTC](https://boards.straightdope.com/t/could-the-supreme-court-be-biding-their-time-to-retire-until-2005/223885/4 "2004-01-11T06:52:14Z")
> [@](#): > > \*Originally posted by laigle \* > \*\*I would imagine that several of the more conservative types might be holding out in hopes of a Congressional swing that would enable someone of their bent to get through. There’s no way another Scalia, for instance, would even be allowed on the tour in the current climate. \*\* Probably true. The dustup over Robert Bork is a recent memory, and with congress nearly-equally divided, it’s a cinch a decided conservative is going to face major resistance. The 2004 elections have a chance of making congress more Republican, and barring major health problems, why _should_ the justices retire, anyway? They’d go from being one-ninth of one-third of the government, a powerful and prestigious post, to… well, golf and needlepoint. Heck, they’d have to drag _me_ out.