Have you heard the drum beat? Some liberals pushing Justice Ginsburg to step down so that she can be replaced by a liberal Justice. She was appointed under the Constitution for life — so let it play out. It undermines our faith in the Supreme Court if she bends to the wishes of liberals (politics) and steps down because liberals fear a conservative President is around the corner. The Supreme Court is supposed to be above politics, making its decisions based on the Constitution alone – not politics.
I regret that politics can sometimes seep into the Supreme Court but the Court does try to avoid it. If Justice Ginsburg responds to the noise of the crowd, and does step down for that reason alone, it undermines everyones faith in the Court – as it should. Who can have faith in the Court if it bends to the wishes of the crowd?
By the way, it doesn’t always work out as people expect. President Bush 41 appointed Justice David Souter to the Supreme Court expecting a conservative Justice. He was not. Another example was conservative Governor of California and the 1948 Republican VP candidate Earl Warren appointed by Republican President Dwight Eisenhower. He was a very liberal Chief Justice of the Supreme Court. And most recently? Remember how President Bush 43 nominated Chief Justice John Roberts voted on ACA (Obamacare?) Convinced?
It does not always turn out how you expect.