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.
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.
https://twitter.com/jedshug/status/1307806185941340160
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.
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.
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).
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...)
(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"...
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.
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.
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.
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