# If President Obama is re-elected, will any of the "conservative" SC justices retire in his 2nd term?

**URL:** <https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290>\
**Category:** Politics & Elections\
**Created:** [June 25, 2012, 8:49pm UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290 "2012-06-25T20:49:09Z")\
**Posts on this page:** 13\
**Page:** 2

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**Author:** ![tesseract](https://avatars.discourse-cdn.com/v4/letter/t/bb73d2/32.png) [@tesseract](https://boards.straightdope.com/u/tesseract)\
**Post date:** [June 27, 2012, 4:41am UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/21 "2012-06-27T04:41:52Z")

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> [@Onomatopoeia](#):
>
> As did I. 🙂

Me too.

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [June 27, 2012, 3:06pm UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/22 "2012-06-27T15:06:50Z")

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> [@Senegoid](#):
>
> But who would President Warren then appoint? That’s what I’m waiting to see.

If she got the White House, maybe Al Franken becomes a Justice. Or Bernie Sanders. Or at least I can dream.

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**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\
**Post date:** [June 27, 2012, 3:27pm UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/23 "2012-06-27T15:27:19Z")

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The few interviews I’ve seen with Thomas make me think he doesn’t like his job very much. I could see an outside chance of him saying “screw it” and retiring to tool around in his RV.

Scalia seems like he’s in good health, likes his job and also seems the Justice that would be most bothered by letting a Dem choose his successor. I doubt he’s going anywhere.

Roberts and Alito’s just got there and their gavels still have that “new gavel smell”, can’t imagine they’ll go anywhere for many years.

Kennedy seems the most frail of the bunch. I could see him retiring due to health reasons in the next four years.

But Guinsburg seems the most likely next-out by far. She’s been in poor health for a while and would probably want a Dem to chose her replacement. Everyone though she’d be the first to go last term.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [June 27, 2012, 8:20pm UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/24 "2012-06-27T20:20:14Z")

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Moved to Elections from IMHO because it’s a political topic.

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**Author:** ![StusBlues](https://avatars.discourse-cdn.com/v4/letter/s/dc4da7/32.png) [@StusBlues](https://boards.straightdope.com/u/StusBlues)\
**Post date:** [June 27, 2012, 8:46pm UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/25 "2012-06-27T20:46:58Z")

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> [@Loach](#):
>
> I didn’t vote because its just pointless guessing. None will resign if they remain healthy. Some or all of them will retire if their health fails.

Seconded. I can absolutely see Scalia and Kennedy being forced out by the way of all flesh, though.

> [@astorian](#):
>
> You have absolutely no idea what you’re tlaking about. Unlike Thurgood Marshall (who sat in his pajamas all day watching soap operas, and sent clerks to ask how William Brennan wanted him to vote), Clarence Thomas has a mind and opinions of his own.

Can you explain why you feel that way? It does seem at odds with Thomas’ marathon stretch between speaking from the bench, but I have not studied the man’s jurisprudence.

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**Author:** ![RickG](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rickg/32/5174_2.png) [@RickG](https://boards.straightdope.com/u/RickG)\
**Post date:** [June 27, 2012, 10:21pm UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/26 "2012-06-27T22:21:33Z")

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In a [New Yorker piece](http://www.newyorker.com/reporting/2011/08/29/110829fa_fact_toobin#ixzz1W9tfEK95) last year, Jeffrey Toobin suggests that, despite his silence during oral arguments, Thomas is both smarter and more influential than one might think. His worldview is, to my mind, abhorrent, but he’s no lightweight.

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [June 27, 2012, 11:05pm UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/27 "2012-06-27T23:05:39Z")

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> [@black\_rabbit](#):
>
> Thomas is only 64? Shit!

And Roberts is only 57. ☹

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [June 27, 2012, 11:06pm UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/28 "2012-06-27T23:06:56Z")

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> [@Marley23](#):
>
> Moved to Elections from IMHO because it’s a political topic.

Really more of a GD topic, though, don’t you think? Only tangentially related to the election itself.

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**Author:** ![E-Sabbath](https://avatars.discourse-cdn.com/v4/letter/e/e19adc/32.png) [@E-Sabbath](https://boards.straightdope.com/u/E-Sabbath)\
**Post date:** [June 28, 2012, 12:47am UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/29 "2012-06-28T00:47:35Z")

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Scalia and Thomas have my vote on most likely to leave for medical reasons.

I don’t know why, but every time I look at Thomas, I keep saying to myself, ‘That man has a family history of heart disease.’ I don’t know if it’s true, it’s just my instinctive evaluation.

Kennedy will possibly retire. Maybe even probably retire.

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**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\
**Post date:** [June 28, 2012, 2:15am UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/30 "2012-06-28T02:15:05Z")

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I’m almost sure Ginsberg will resign if Obama wins reelection. I can also see Kennedy stepping down as he’s going to be the subject of a lot of speculation during the 2016 race since his replacement could significantly alter the ideological balance of the court.

I’ve never gotten the impression that Kennedy is devoted to the Supreme Court to the extent someone like Scalia or Rehnquist are/were.

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [June 28, 2012, 2:29am UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/31 "2012-06-28T02:29:52Z")

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_ **IF** _ any of those listed in the poll actually go I would imagine Kennedy is the most likely. I was surprised and somewhat heartened to see Scalia is 76. That gives me hope he will be gone in my lifetime.

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [June 28, 2012, 5:19am UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/32 "2012-06-28T05:19:59Z")

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Or maybe Scalia will take [a hint from E.J. Dionne](http://www.washingtonpost.com/opinions/ej-dionne-jr-justice-scalia-should-resign/2012/06/27/gJQApkO06V_story.html) and resign.

Damn! Excuse me, I have go clean some pig shit off the roof of my car . . .

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**Author:** ![cckerberos](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@cckerberos](https://boards.straightdope.com/u/cckerberos)\
**Post date:** [June 28, 2012, 7:09am UTC](https://boards.straightdope.com/t/if-president-obama-is-re-elected-will-any-of-the-conservative-sc-justices-retire-in-his-2nd-term/626290/33 "2012-06-28T07:09:08Z")

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> [@RickG](#):
>
> despite his silence during oral arguments

Thomas views oral arguments as a useless bit of theater. And honestly, I’d be hard pressed to disagree with him.

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