Unless, against all odds, Trump wins reelection, and Ginsburg isn’t conscious to update her living will to January 2025…
Doesn’t the McConnell rule only apply to the final year of the second term of a President? The end of the first term would be fine.
Let’s not pretend that there was an actual rule here.
I’d be satisfied with her as a brain in a jar if it kept McConnell’s greasy mitts off that chair.
Meanwhile, I’m rooting for Clarence Thomas to do a Harold Washington.
Well, Trump won against all odds the first time around.
I agree that Judge Ginsberg has an uphill battle to make it to 2021 and I really don’t think she’s going to make it and certainly not through another four after that.
I’d like to think that Trump would reach across the aisle for a nominee to replace her, but I wouldn’t bet any significant amount of money on it.
I believe we did this not too long ago.
According to the SSA, her current life expectancy is 6.8 years.
She has a 52 percent chance of dying this year even if you don’t take her health issues into account.
She missed a second day of work now: https://thehill.com/regulation/court-battles/424287-ginsburg-misses-second-day-in-a-row-at-supreme-court
No chance. There is absolutely 0 chance that they would pass up the opportunity to sew up a 6-3 Republican advantage on the Supreme Court.
I don’t know if we should really read too much into her missing two days of work. Would you be going to work a little over two weeks after doctors removed part of your lung? At 85?
A little googling shows that recovery from that sort of surgery takes “weeks to months” according to the American Cancer Society, and that’s for an average person, not an 85 year old.
Pro-tip: Drool is bad for keyboards.
Meh, I was just reporting the current news on the topic.
So? She’s recovering from surgery she had only 2 weeks ago. It’s more important that her recovery is successful than speedy.
I’m pulling it out of my ass but I give her 6 months.
There’s a difference between the questions, “How long can Justice Ginsburg fulfill her duties as a Justice,” and “How long before Justice Ginsburg’s seat is vacant.” AIUI, the answer to the first question is, “Now,” so long as she cannot participate in the closed-session conferences with the other Justices. From her home, she may be able to listen to transcripts of oral argument, read the briefs, and draft opinions.
I thought though, that participation in those conferences—which are so closed to non-Justices that the most junior Justice is detailed to answer the door to get coffee, papers, and other administrative tasks—was required by Supreme Court custom in order to be able to vote on the cases. And she can’t do that from home—though I’ve no doubt a Skype or WebMeeting solution will be set up so that she can try—nor can she delegate the task to a clerk.
As to the second question, consider if the Justice were to fall into a persistent vegetative state. Clearly she couldn’t fulfill the duties of her office. Moreover, with her age and ailments, there’s no possibility of recovery from that condition. Yet, she isn’t dead, and that was traditionally the line. You could keep that beat going on her EKG for a very long time, at least until January 2021.
Could she be removed from office, considering past Supreme Court practice? IMHO, a lot of the ‘Justices hanging onto the job way too long’ was due to the position being comparatively lucrative, the Justices’ families being dependent upon the income, and the removal of non-functioning Justices therefore being done with that in mind.
The hysterical part of that would be that it’s essentially the same sort of BS trick that the Republicans pulled by not agreeing to hold hearings for Merrick Garland.
“Oh, you think she’s going to die and you’ll get to put another of yours on the court? Think again! Meet 21st century medicine and life support!”
That would be a rather ignominious end for “Notorious RBG” but if she / her family agree to hook her up to machines to keep her heart beating for the next two / six years to achieve some political aim, yeah, I suppose “hysterical” isn’t the worst word for it.
Most people have a living will that states they don’t want to be kept alive just by machines. Her husband died but she does have kids to see her wishes are carried out .
Actually, I bet most people, probably the vast majority, don’t have a living will at all.
Modern medicine can keep people alive for a long time in the ‘end stages’ if unlimited money and resources are spent. Look at George HW Bush… I thought he was a goner years ago, but they somehow kept him going for a long time. And you can bet that there are people pulling out the stops to keep RBG going. I wouldn’t take even money that she makes it to the of Trump’s term, but I also wouldn’t discount the possibility too heavily.
By the way, even if Trump does get another appointment Democrats shouldn’t freak out. The last three Republican appointments have not turned out so bad. John Roberts appears to be moving into the David Souter role as a moderate who is unpredictable. Justice Gorsuch has been allying himself with Sonia Sotomayor on a number of issues, most specifically around law enforcement and sentencing reform. The jury is still out on Justice Kavanaugh, but I expect him to be reasonable as well, as that’s what his record shows.
These are not hard-right ideologues - they are merely constitutionalists, and the constitution constrains Republicans as well as Democrats.