What Happens if Ruth Bader Ginsburg Remains Too Sick to Work? (Spoiler alert Nothing)

poltico ^ | January 16, 2019

[SMGFan]

Nothing! History is full of Supreme Court justices who were incapacitated—or worse. That’s the price of life tenure, and it’s worth paying.

(later in article) The history of cognitive decline on the high court teaches two lessons. First, there is a real risk of a substantial time lag between the onset of mental deterioration and a justice’s retirement. But second, and as important, this is a risk that can be contained. No justice—no matter how deranged—can do serious doctrinal damage without the acquiescence of at least half his colleagues. And when a justice is so utterly incapacitated that he is unable to break 4-4 ties, the court can continue to function with an even number of active members. Originally, the court had only six justices; during the Civil War, it had 10; and it has functioned fine with eight members during prolonged vacancies. Indeed, there are notable virtues to having an even number of justices—one of them being that it then takes more than a knife’s-edge majority to overturn a lower court decision or strike down a law nationwide.

[SMGFan]

Yes , in 19th century Justices remained while they lost their minds.

[JimRed]

The word “remains” in the title made me think she was dead.

[morphing libertarian]

need mandatory judicial retirements at age 75

[Ingtar]

I wish we had even a razor thin majority.

[ClearCase_guy]

For the sake of argument, I might agree that RBG cannot be pushed off the bench. Maybe she’s there until she dies.

But it is not OK for her to be in some vegetative state while some nameless law clerk that was never confirmed by Congress mails in “Ruth’s decision” — whoops! siding with the Liberals again! What a surprise!

If she stays, I don’t think her vote should count. Unless she’s truly participating. And she clearly isn’t.

[Gay State Conservative]

She sure as hell won’t resign...at least not while DJT is President.

[FirstFlaBn]

She just has to return to work - otherwise I will never get to see my fantasy of her running over Breyer in the parking lot.

[M Kehoe]

“They shoot horses, don’t they?”

5.56mm

[Responsibility2nd]

They could (and would) put the Notorious RBG on Life Support if necessary until Trump is no longer in office.

Whatever it takes to keep Trump from selecting a THIRD SCOTUS justice.

[clintonh8r]

All long as she’s too sick to VOTE is what matters....

[Yaelle]

But it is not OK for her to be in some vegetative state while some nameless law clerk that was never confirmed by Congress mails in “Ruth’s decision” — whoops! siding with the Liberals again! What a surprise!

---

This.

Either we have a Supreme Court of competent humans or we accept anything. There needs to be a cognitive test like the one used by all doctors to determine dementia.

Put her in a room for 30 minutes with only a magazine from years ago to look at. No time or date reference. If she can’t answer the basic questions about which date, month, season, year it is, doesn’t know who is president or vice, she’s out.

[rdl6989]

need mandatory judicial retirements at age 75

********
I was thinking 70, but I agree.

[DoodleDawg]

Yes , in 19th century Justices remained while they lost their minds.

In the 21st century too.

[dead]

If she's no longer awake, but they keep her tiny bird heart beating through mechanical means, she cannot be replaced, but she can only abstain from decisions.

If this happens, they will try to tell the world that she is still communicating her invariably liberal decisions via some touch signal/eyeball movement interpreter.

[sevlex]

1. We need proof of life.

2. We need proof of cognitive capacity.

If she is completely disabled then her aides should not be issuing judgments on her behalf.

[BenLurkin]

[immadashell]

need mandatory judicial retirements at age 75

********

I was thinking 70, but I agree.

Unfortunately, the law was written back when the expected life span was like 58.

[GnuThere]

It’s interesting that for financial matters, they say one’s judgment can start deteriorating as early as one’s 60’s. Yet we pretend that someone making critical decisions on the court well into their 80’s is perfectly OK.

[Chad_the_Impaler]

But it is not OK for her to be in some vegetative state while some nameless law clerk that was never confirmed by Congress mails in “Ruth’s decision”

The authors of the piece are trying to set up exactly that possibility:
Frank Murphy, who served in the 1940s, was likely addicted to illegal drugs by the end of his tenure, and his biographer wrote that “on at least one occasion,” with Murphy in absentia, his law clerk and two fellow justices “jointly decided what Murphy’s votes should be.”'

[Dr. Sivana]

I had heard that Thurgood Marshall was watching soap operas at the end, and let the clerks do the work, but did tell them that he was sick of the drug dealers and to go against them every time.

Even then, when he retired, lefties wanted to him to stay on as Bush the Elder was president. He responded, “I’m falling apart!”