From 1992 to 2000, Dems will win the popular vote in SEVEN out of EIGHT pres elections...
but nominate only 4 of 9 Justices (counting RBG's seat).
How?
1) Electoral college
2) One party flips the Court (1968-88)...
3) Partisan Justices time their retirements
4) Luck...
Thread.
2/
Let's start with how partisan Justices time their retirements, but this is a chance to say something to honor Justice Ginsburg.
I was troubled by how many people, in just the hours after Ginsburg's death, commented not on her life's work, but on her "vanity" in death.
3/ I understand the criticism, but first, the timing was disrespectful.
Honor her life in the first 2 days after dying, especially during her high holiday Rosh Hashanah.
Criticize her after she is buried.
But there was an irony and even a hypocrisy about some of this critique.
4/ I've tried to explain RBG's choice not to retire under Obama. The old filibuster/cloture rules were still in place, GOP was getting more obstructive.
Obama insiders floated more centrist judges' names (a message of moderation for 2012 and of compromise to the Senate).
5/ Some were from conservative West/Midwest states and had no record on women's rights & Roe. RBG has been around long enough to have the same questions I had: How would they vote on Roe?
(Many moderate jurists understandably doubt "subst've due process." I'd go w/ Equal P...)
6/ The smaller RBG retirement point:
If you thought there was more than a 50/50 chance your retirement might jeopardize the issue you care about the most, you'd tolerate a 50/50 bet on the 2016 election.
RBG made a reasonable choice, and I think it's unfair to label it "vain"...
7/ But here is the bigger point:
One of the main reasons the Supreme Court is now so stacked w/ conservatives despite losing presidential elections is that Justices often time their retirements for their party to win the presidency.
It's obviously partisan.
E.g., Anthony Kennedy.
8/ Both left & right Justices have timed their retirements in obviously partisan ways, revealing the deep partisanship of SCOTUS.
I get the frustration that conservative Justices have been better & luckier at it.
Seems hypocritical to be so harsh about RBG for not timing hers.
Share this Scrolly Tale with your friends.
A Scrolly Tale is a new way to read Twitter threads with a more visually immersive experience.
Discover more beautiful Scrolly Tales like this.