I was for the life of me trying to figure out why RBG did not retire under Obama’s watch. It finally dawned on me that she was waiting for Hilary to be the one to name her replacement.
It is such sweet justice that RBG does not have that option. Now she has to try to tough it out for the next 7 years under Trump. I don’t think that she is going to be able to do it. You think having Trump replace Kennedy, is going to be sweet, just wait until he gets to replace RBG.
Now that is going to be an epic day in the history of the U.S. I do not wish her ill, but it is quite evident to all that she is being propped up by her clerks, and at this point is only a figurehead, and that her staff are actually writing her decisions. I don’t think that she is going to make it for the next 6 + years.
The Dems are going to throw the biggest fit we ever saw. I am going to say it now. They are going to tell Trump that he has to appoint a liberal to keep the SCOTUS “balanced”. Trump is going to laugh so hard at even the thought that they would even ask. But I really do think that they are desperate that they will attempt it.
Now a question. What if RBG is deemed incapable of fulfilling the abilities of her position, but tries to keep her position on the court. Is there a provision in the Constitution for that situation. You know, that the Dems will do anything, short of stuffing her like a game animal to prevent Trump from appointing her replacement.
No. The Notorious RBG would remain a Justice, but would simply never vote. The only Constitutional provisions dealing with inability are about the Presidency (e.g., Sections 3 and 4 of the 25th Amendment).
If a justice is still breathing they have their seat if they want to keep it. Life appointment means just that.
Can you say, “Weekend at Bernie’s”?
Another issue out there is Sotomayor. She is seriously diabetic and over weight. If her health deteriorates she may have to resign.