Possible Ginsburg replacements if she retires?

[Amenhotep Bakari-Sellers]

Loretta Lynch after Clinton assumes office, hopefully.

[100% pro-life no matter what]

What if there is a Ginsburg vacancy during a Republican Presidency and Senate (say 56-44)?

[Skill and Chance]

What if there is a Ginsburg vacancy during a Republican Presidency and Senate (say 56-44)?

Depends entirely on whether they are willing to kill the filibuster.  The most they could possibly get through with the filibuster still in effect would be someone unambiguously pro-choice but economically conservative like Sandoval or Collins.  Of course, it goes both ways and, without the filibuster, they would live in fear of Democrats unilaterally replacing Scalia or Thomas with Kamala Harris in the future.

[Horsemask]

I think Obama will have pretty much free reign to nominate a replacement for her if she leaves. She's liberal enough that you can't push the court too hard to the left.

The only credible names he probably couldn't get confirmed was her replacement are Harold Koh (would rule based on international law rather than US law), Debo Adegbile (ties to Mumia), and Eric Holder (many problems, plus likely too old).

The Republicans have bigger fights to pick than a tit-for-tat replacement.

Now if Kennedy was to retire, Obama likely couldn't get any liberal-leaning judge but Merrick Garland through as a replacement.

Literally nobody has brought up those names, and why would they?

And I don't get that bit about Koh. Even if it was the case, it'd be good. We need more European style law.

I definitely remember Garland's name coming up a lot when Souter retired, but Obama chose Sotomayor instead.

I know this wouldn't happen with a Democrat in the White House, but I'd like to second whoever it was that suggested Brian Sandoval. I think he would do very well as an Associate Justice.

[Frodo]

Loretta Lynch after Clinton assumes office, hopefully.

[politicallefty]

If Democrats hold the White House and the Senate, California Supreme Court Justice Goodwin Liu should be appointed to SCOTUS at the first opportunity. Our side should not have to compromise unless necessary. We should only compromise on judicial nominations when the Senate is controlled by the opposition. If we don't control the Senate, I think the best option is to nominate a popular Senator, which I think would be the safest bet. Right now, I'd look to someone like Amy Klobuchar.

[muon2]

An interesting question is whether a retirement announcement at the end of next year's term could be use to get out the vote for a replacement of similar political stripe.

[politicallefty]

An interesting question is whether a retirement announcement at the end of next year's term could be use to get out the vote for a replacement of similar political stripe.

I think there's a general consensus on the Court that there should be no retirements in a presidential election year (obviously with the exception of extraordinary circumstances). If Hillary (or another Democrat) wins next year and Democrats take back the Senate, I wouldn't rule out retirements from either Ginsburg and/or Breyer in 2017 or 2018. While it's possible Kennedy and/or Scalia could retire during the next term, I think 2020 will probably determine their replacements.

[brucejoel99]

What if there is a Ginsburg vacancy during a Republican Presidency and Senate (say 56-44)?

Depends entirely on whether they are willing to kill the filibuster.

They will, & the replacement will be Amy Coney Barrett, an obscure Notre Dame law professor

[Mr.Phips]

Obama should have forced RBG to retire in 2013.  He should have kept bugging her about retiring until she gave up and did so.

[True Federalist (진정한 연방 주의자)]

Obama should have forced RBG to retire in 2013.  He should have kept bugging her about retiring until she gave up and did so.

If he had tried, we more likely would've gotten President Biden in 2014 when Obama gave up and retired.

[Virginiá]

and more importantly, that there is no way her replacement would be similar to her.  Indeed, she felt that way even before the Dems lost the Senate.

What a self-fulfilling prophecy she created

[Sir Mohamed]

Obama should have forced RBG to retire in 2013.  He should have kept bugging her about retiring until she gave up and did so.

Wouldn't it be seen as an affront, if a prez tries to push a SCOTUS justice into retirement? Of course, Mr. Trump wouldn't care, but such a norm breaking would backfire against a traditional prez.

RBG made a huge misscalculation because she anticipated HRC, who recommended her appointment to her husband, would be elected in 2016 and replace her.

[Mr.Phips]

Obama should have forced RBG to retire in 2013.  He should have kept bugging her about retiring until she gave up and did so.

Wouldn't it be seen as an affront, if a prez tries to push a SCOTUS justice into retirement? Of course, Mr. Trump wouldn't care, but such a norm breaking would backfire against a traditional prez.

RBG made a huge misscalculation because she anticipated HRC, who recommended her appointment to her husband, would be elected in 2016 and replace her.

I don’t think the public would care.  LBJ would have found a way to force her to retire. 

[President Johnson]

Obama should have forced RBG to retire in 2013.  He should have kept bugging her about retiring until she gave up and did so.

Wouldn't it be seen as an affront, if a prez tries to push a SCOTUS justice into retirement? Of course, Mr. Trump wouldn't care, but such a norm breaking would backfire against a traditional prez.

RBG made a huge misscalculation because she anticipated HRC, who recommended her appointment to her husband, would be elected in 2016 and replace her.

I don’t think the public would care.  LBJ would have found a way to force her to retire.  

He actually got Arthur Goldberg to retire after four years on the bench because he wanted him as UN Ambassador in 1965 and appoint his friend Abe Fortas to the court. However, Goldberg made a bad trade, as his tenure at the UN didn't even last to the end of the Johnson presidency. He attempted a comeback in 1970 by running for governor of New York, but was defeated by Nelson Rockefeller.

[Pericles]

Obama should have forced RBG to retire in 2013.  He should have kept bugging her about retiring until she gave up and did so.

Wouldn't it be seen as an affront, if a prez tries to push a SCOTUS justice into retirement? Of course, Mr. Trump wouldn't care, but such a norm breaking would backfire against a traditional prez.

RBG made a huge misscalculation because she anticipated HRC, who recommended her appointment to her husband, would be elected in 2016 and replace her.

What an idiot she was to take such a huge risk, even without the benefit of hindsight Hillary was not inevitable enough to be worth risking a 6-3 Court.

[SenatorCouzens]

Obama should have forced RBG to retire in 2013.  He should have kept bugging her about retiring until she gave up and did so.

Wouldn't it be seen as an affront, if a prez tries to push a SCOTUS justice into retirement? Of course, Mr. Trump wouldn't care, but such a norm breaking would backfire against a traditional prez.

RBG made a huge misscalculation because she anticipated HRC, who recommended her appointment to her husband, would be elected in 2016 and replace her.

What an idiot she was to take such a huge risk, even without the benefit of hindsight Hillary was not inevitable enough to be worth risking a 6-3 Court.

She seemed on the grandiose side and didn't really have many people who could level with her  -- Nina Totenberg said it was simply not a topic people close to her felt comfortable discussing.

Right after she died Justice Breyer gave an interview where he told two anecdotes that were meant to be nice little stories about RBG. One was when he had a new granchild she sent the infant a shirt saying "Future RBG Clerk." The second was for his birthday she sent a card with her image on it saying, "I order you to have a happy birthday." These are both innocent, but illustrate, to me, that she bought eventually bought into her own hype and was fairly self-centered.

An 81 year old pancreatic cancer survivor with a Democratic Senate and President (2014) and she decides to hang on, even though she was quite partisan/ideological?

[All Along The Watchtower]

RBG was a reckless narcissist at the end, yeah.

[lfromnj]

She wasn't just hoping to be replaced by a woman but also hoping for a 5 D -4 R court somehow. That way she would effectively be the chief justice in any swing case.

[Kingpoleon]

[quote author=SenatorCouzens link=topic=203770.msg7834093#msg7834093 date=1608088354 uid=31004wAn 81 year old pancreatic cancer survivor with a Democratic Senate and President (2014) and she decides to hang on, even though she was quite partisan/ideological? [/quote]On the lower courts, RBG was an exemplary Justice, and it is kind of surprising how much she changed when she got onto the Court.

[Stranger in a strange land]

She obviously should have retired in 2013-2014, but why couldn't her staff have propped her up Weekend at Bernie's Style until the election? I'm only half joking here.