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Mad_Machine76

(24,471 posts)
Wed Dec 21, 2022, 02:41 PM Dec 2022

Sotomayor and Kagan need to think about retiring

I think that this article is overly pessimistic and that it's way too premature to suggest that Sotomayor and Kagan should resign anytime soon but thought I'd share it and see what everybody else thinks

https://www.vox.com/policy-and-politics/23507944/supreme-court-sonia-sotomayor-elena-kagan-ruth-bader-ginsburg-retire

Here is the gist of it:

"Both justices are much younger than Ginsburg was in 2014. There are no reports that either is in ill health (although Sotomayor has diabetes, she’s managed that condition nearly her entire life). Realistically, both justices could probably look forward to a decade or more of judicial service if they desire it. But even a mighty Supreme Court justice cannot overcome the merciless math facing Democrats in a malapportioned Senate that effectively gives extra representation to Republicans in small states.

Barring extraordinary events, Democrats will control the White House and the Senate for the next two years. They are unlikely to control it for longer than that. The 2024 Senate map is so brutal for Democrats that they would likely need to win a landslide in the national popular vote just to break even. Unless they stanch the damage then, some forecasts suggest that Democrats won’t have a realistic shot at a Senate majority until 2030 or 2032. And even those forecasts may be too optimistic for Democrats."

44 replies = new reply since forum marked as read
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Sotomayor and Kagan need to think about retiring (Original Post) Mad_Machine76 Dec 2022 OP
Bull shenmue Dec 2022 #1
Glad I'm not the only one Mad_Machine76 Dec 2022 #16
My reaction was WTF? gab13by13 Dec 2022 #24
Was that what you said when people were urging RBG to retire? pnwmom Dec 2022 #39
Nonsense. Ocelot II Dec 2022 #2
I mean, I get it.... Mike_in_LA Dec 2022 #3
Sure - Cede Everything Over To The Repugs..... global1 Dec 2022 #4
I think the point of the article Zeitghost Dec 2022 #36
They are 68 and 62. No. LOL, just no. Nittersing Dec 2022 #5
Remove two strong smart women from the Supreme Court? spooky3 Dec 2022 #7
Every two years I read articles about PCIntern Dec 2022 #6
+1 Mad_Machine76 Dec 2022 #14
We have had brutal years in the past 10 Senate elections (2004 and onwards) Celerity Dec 2022 #23
Nope. dchill Dec 2022 #8
I appreciate the sentiment of the premise. Tetrachloride Dec 2022 #9
who wrote this shit? Mitch McConnell? Meadowoak Dec 2022 #10
Why would McConnell prefer two liberal justices in their 40s over two in their 60s? tritsofme Dec 2022 #12
You never know what kind of parliamentary maneuver the turtleman Meadowoak Dec 2022 #19
He's got nothing. Look at Justice Jackson. tritsofme Dec 2022 #29
There's nothing he can do. Elessar Zappa Dec 2022 #42
Everything on the internet H2O Man Dec 2022 #11
EXPAND. THE. FUCKING. COURT. A HERETIC I AM Dec 2022 #13
In their defense Mad_Machine76 Dec 2022 #15
Except that it won't. A HERETIC I AM Dec 2022 #18
Gerrymandering only affects House elections MichMan Dec 2022 #26
The filibuster almost always hurts us Dem, not the Rethugs. Celerity Dec 2022 #25
And that's inthewind21 Dec 2022 #28
I think it is something they should at least consider, both are likely doomed to spend the rest of tritsofme Dec 2022 #17
I think inthewind21 Dec 2022 #30
If ifs and buts were candy and nuts, we'd all have a Merry Christmas. tritsofme Dec 2022 #31
WTAF we can do it Dec 2022 #20
WTMFAF! inthewind21 Dec 2022 #32
Do you know I love them both, but Justice Sotomayor has diabetes mahina Dec 2022 #21
No inthewind21 Dec 2022 #34
Instead of talking about Dems stepping down, crickets Dec 2022 #22
+1000 Mad_Machine76 Dec 2022 #33
Bull. Shit. Hekate Dec 2022 #27
Samuel Alito and Clarence Thomas need to think about... 3catwoman3 Dec 2022 #35
what absolute drivel Takket Dec 2022 #37
Be nice for them Mad_Machine76 Dec 2022 #41
NO, absolutely not!! 👎 nt Raine Dec 2022 #38
Ummm... no. WarGamer Dec 2022 #40
I can't make sense of this. milestogo Dec 2022 #43
No. Dems sweep 2024, especially if they get lees1975 Dec 2022 #44

pnwmom

(109,031 posts)
39. Was that what you said when people were urging RBG to retire?
Wed Dec 21, 2022, 05:38 PM
Dec 2022

She'd had cancer twice, including pancreatic cancer, and still thought she was better than anyone Biden could appoint to replace her.

Mike_in_LA

(187 posts)
3. I mean, I get it....
Wed Dec 21, 2022, 02:47 PM
Dec 2022

This is a purely political move.

"But SCOTUS is supposed to be apolitical."

Yes, it is. But, it currently is not.

I am definitely amenable to a strategic move like this. Put some 45 year old wunderkinds on the bench.

Zeitghost

(3,911 posts)
36. I think the point of the article
Wed Dec 21, 2022, 05:15 PM
Dec 2022

Was the exact opposite of "cede everything to the Repugs".

I see flaws with the argument, but resigning would give Biden and the Senate 2 picks that could be filled with younger justices.

PCIntern

(25,692 posts)
6. Every two years I read articles about
Wed Dec 21, 2022, 02:49 PM
Dec 2022

how that particular year, it’s gonna be brutal for Democrats. In addition, it seems that Republicans are virtually all guaranteed to hold onto the seat, Whereas Democrats are always in utter danger of losing theirs. Yes, I get the math, but I just spent two years listening to Jonathan Lemire and his ilk telling me from the day Biden was inaugurated that the Republicans were going to take over both the House and the Senate in gigantic proportions because it was “traditional”. Well, maybe things won’t be so “traditional” this time, either…

Mad_Machine76

(24,471 posts)
14. +1
Wed Dec 21, 2022, 03:02 PM
Dec 2022

Exactly. We were expecting that we were going to lose bigly at the beginning of this year. Well.........political predictions are so hard to make.

Celerity

(43,933 posts)
23. We have had brutal years in the past 10 Senate elections (2004 and onwards)
Wed Dec 21, 2022, 04:09 PM
Dec 2022
In the Senate:

2004 Dems lose a net 4 seats

2006 Dems win a net 6 seats

2008 Dems win a net 8 seats
'
2010 Dems lose a net 6 seats

2012 Dems win a net 2 seats

2014 Dems lose a net 9 seats

2016 Dems win a net 2 seats

2018 Dems lose a net 2 seats despite the Blue Wave (we flipped AZ & NV, but the Rethugs flipped IN, FL, MO, ND)

2020 Dems win a net 3 seats (The 2 GA runoffs + AZ & CO, whilst the Rethugs flipped AL)

2022 Dems win a net 1 seat (PA)



The 2024 map is fairly brutal for us.

The Rethugs only have to defend 10 total seats to our 23. All 10 Rethug seats are Red states, 9 of them deep Red, plus FL, which is on its way to deep Red atm. Even flipping FL (Scott) will be a big stretch, granted not impossible, but certainly not a likely outcome.

Out of our 23 seat to defend, the following 10 seats to defend that are not locks, with 6 of them in real danger:

The following 6 are not 'safe' Dem seats at all:

WV (especially if Justice runs, and Manchin may run for Governor if that happens, if he does, kiss WV goodbye for a long time in terms of the Senate)
MT (Tester is the only Dem who can win there, but MT is now so Red, love Tester, so hope he wins)
OH (Brown (close to my favourite Senator) is the only Dem who can win there, but OH is now so Red)
NV (especially if the non-MAGAt, very popular ex Governor Sandoval runs, which is a possibility atm)
AZ (could be all sorts of chaos due to Sinema, and if Ducey runs it will be even harder, and he has not ruled out running at all atm)
WI (most likely Dem win of these 6, Baldwin is a strong Senator, but WI just easily re-elected an open traitor and Russian stooge in Ron Johnson, so I hesitate to put this in the next category)


then we have the 4 substantially more likely Dem wins, but still not 100% locks, especially if non MAGAt Rethugs run

MI
MN
PA
VA (Youngkin (+20, 55 to 35%, net job approval in September) could be a problem IF he runs, for instance, but it is not at all a sure thing that he would run, as he would be giving up his last year as Governor)


There are 5 other states, far, far less likely to flip to the Rethugs, but IF certain scenarios play out (for example, popular Rethug Governors/ex Governors in Blue states perhaps running: MD with Hogan, MA with Baker, and, only if Sanders retires, Scott in VT), some may be closer than they should be.

Tetrachloride

(7,940 posts)
9. I appreciate the sentiment of the premise.
Wed Dec 21, 2022, 02:51 PM
Dec 2022

Justice Sotomayor - age 68.5

Justice Kagan 62.7

I reject the need for consideration of their retirement for the foreseeable future.

tritsofme

(17,471 posts)
12. Why would McConnell prefer two liberal justices in their 40s over two in their 60s?
Wed Dec 21, 2022, 02:59 PM
Dec 2022

I don’t think their retirement is necessarily a good idea, but with Biden in the WH and a Democratic Senate, I don’t see how it could possibly benefit McConnell.

tritsofme

(17,471 posts)
29. He's got nothing. Look at Justice Jackson.
Wed Dec 21, 2022, 04:30 PM
Dec 2022

Thanks to McConnell’s own rules change, the only outcome is that we win and he loses.

A HERETIC I AM

(24,386 posts)
13. EXPAND. THE. FUCKING. COURT.
Wed Dec 21, 2022, 03:00 PM
Dec 2022

God dammit, why won't the Dems push that? Make it 13, or better yet 15 seats and give Biden the chance to put 6 VERY liberal justices, all of them under 45 years old, and turn this country back to the way the majority of the population wants it, for crying out loud!

Of course we need to do away with the filibuster and pass the John Lewis Voting Rights Act and the For The People Act and then we will actually have a Democracy that reflects the will of the people.

Democrats need to start fighting dirty like the Repubs do, or we are going to be run by the political minority for decades.

Mad_Machine76

(24,471 posts)
15. In their defense
Wed Dec 21, 2022, 03:03 PM
Dec 2022

I think that the reluctance comes from the concern that whatever we can do, the Republicans can do and that it could help us now, hurt us later (like with the filibuster)

A HERETIC I AM

(24,386 posts)
18. Except that it won't.
Wed Dec 21, 2022, 03:10 PM
Dec 2022

If the two voting bills I linked are passed, then a whole shitload of future elections change dramatically.

Do away with the gerrymandering, like that which Gym Jordan and others relied on to get reelected, and all of the sudden you have a bunch of swing states that are blue and a bunch of red states that are now swing.

The conservative political powers that be KNOW they can not allow voting to be easy for everyone, because they know that if everyone votes, THEY LOSE.

Full stop.

There won't be any hurting us later. Conservatives will be a perpetual minority influence, just as they have been in the past.

MichMan

(12,020 posts)
26. Gerrymandering only affects House elections
Wed Dec 21, 2022, 04:18 PM
Dec 2022

Since the House has no role of any kind in nominating or confirming SC justices, neither does gerrymandering.

Celerity

(43,933 posts)
25. The filibuster almost always hurts us Dem, not the Rethugs.
Wed Dec 21, 2022, 04:14 PM
Dec 2022
The filibuster hurts only Senate Democrats -- and Mitch McConnell knows that. The numbers don't lie.

My own add - Sinema wants a 60 vote threshold on most all of any Senate action. Not joking. She also wants to repeal the 2 mini-nuke exceptions on the books now, and also do away with reconciliation.



https://www.msnbc.com/opinion/filibuster-hurts-only-senate-democrats-mitch-mcconnell-knows-n1255787

snip

Cutting off debate in the Senate so legislation can be voted on is done through a procedure called "cloture," which requires three-fifths of the Senate — or 60 votes — to pass. I went through the Senate's cloture votes for the last dozen years from the 109th Congress until now, tracking how many of them failed because they didn't hit 60 votes. It's not a perfect method of tracking filibusters, but it's as close as we can get. It's clear that Republicans have been much more willing — and able — to tangle up the Senate's proceedings than Democrats. More important, the filibuster was almost no impediment to Republican goals in the Senate during the Trump administration. Until 2007, the number of cloture votes taken every year was relatively low, as the Senate's use of unanimous consent agreements skipped the need to round up supporters. While a lot of the cloture motions did fail, it was still rare to jump that hurdle at all — and even then, a lot of the motions were still agreed to through unanimous consent. That changed when Democrats took control of Congress in 2007 and McConnell first became minority leader. The number of cloture motions filed doubled compared to the previous year, from 68 to 139.

Things only got more dire as the Obama administration kicked off in 2009, with Democrats in control of the House, the Senate and the White House. Of the 91 cloture votes taken during the first two years of President Barack Obama's first term, 28 — or 30 percent — failed. All but three failed despite having majority support. The next Congress was much worse after the GOP took control of the House: McConnell's minority blocked 43 percent of all cloture votes taken from passing. Things were looking to be on the same course at the start of Obama's second term. By November 2013, 27 percent of cloture votes had failed even though they had majority support. After months of simmering outrage over blocked nominees grew, Senate Democrats triggered the so-called nuclear option, dropping the number of votes needed for cloture to a majority for most presidential nominees, including Cabinet positions and judgeships. The next year, Republicans took over the Senate with Obama still in office. By pure numbers, the use of the filibuster rules skyrocketed under the Democratic minority: 63 of 123 cloture votes failed, or 51 percent. But there's a catch: Nothing that was being voted on was covered by the new filibuster rules. McConnell had almost entirely stopped bringing Obama's judicial nominees to the floor, including Supreme Court nominee Merrick Garland.

McConnell defended the filibuster on the Senate floor last week, reminding his counterparts of their dependence on it during President Donald Trump's term. "Democrats used it constantly, as they had every right to," he said. "They were happy to insist on a 60-vote threshold for practically every measure or bill I took up." Except, if anything, use of the filibuster plummeted those four years. There are two main reasons: First, and foremost, the amount of in-party squabbling during the Trump years prevented any sort of coordinated legislative push from materializing. Second, there wasn't actually all that much the Republicans wanted that needed to get past the filibuster in its reduced state after the 2013 rule change. McConnell's strategy of withholding federal judgeships from Obama nominees paid off in spades, letting him spend four years stuffing the courts with conservatives. And when Trump's first Supreme Court nominee, Neil Gorsuch, was filibustered, McConnell didn't hesitate to change the rules again. Trump's more controversial nominees also sailed to confirmation without any Democratic votes. Legislatively, there were only two things Republicans really wanted: tax cuts and repeal of Obamacare. The Trump tax cuts they managed through budget reconciliation, a process that allows budget bills to pass through the Senate with just a majority vote.

Republicans tried to do the same for health care in 2017 to avoid the filibuster, failing only during the final vote, when Sen. John McCain's "no" vote denied them a majority. The repeal wouldn't have gone through even if the filibuster had already been in the grave. As a result, the number of successful filibusters plummeted: Over the last four years, an average of 7 percent of all cloture motions failed. In the last Congress, 298 cloture votes were taken, a record. Only 26 failed. Almost all of the votes that passed were on nominees to the federal bench or the executive branch. In fact, if you stripped out the nominations considered in the first two years of Trump's term, the rate of failure would be closer to 15 percent — but on only 70 total votes. There just wasn't all that much for Democrats to get in the way of with the filibuster, which is why we didn't hear much complaining from Republicans. Today's Democrats aren't in the same boat. Almost all of the big-ticket items President Joe Biden wants to move forward require both houses of Congress to agree. And given McConnell's previous success in smothering Obama's agenda for political gain, his warnings about the lack of "concern and comity" that Democrats are trying to usher in ring hollow. In actuality, his warnings of "wait until you're in the minority again" shouldn't inspire concern from Democrats. So long as it applies only to legislation, the filibuster is a Republicans-only weapon. There's nothing left, it seems, for the GOP to fear from it — aside from its eventual demise.

snip
 

inthewind21

(4,616 posts)
28. And that's
Wed Dec 21, 2022, 04:27 PM
Dec 2022

the stupidest thinking ever. May as well just conceed now, hand Mitch the keys, turn out the lights and go home. Oh and how's that filibuster been working out? Can't let the republicans run amok with it in the future, gotta keep it in place it's much safer to have an entire agenda squashed, the people pissed because we didn't accomplish much hold it against us in the next election than risk the R's might use it against us in the future! Yea, there's a winning strategy. I mean just look at the land slides in this last election! Oh wait....

tritsofme

(17,471 posts)
17. I think it is something they should at least consider, both are likely doomed to spend the rest of
Wed Dec 21, 2022, 03:10 PM
Dec 2022

their tenures in dissent on major cases. And the risk that either seat becomes vacant while Republicans control the Senate remains significant.

While one or two new Biden nominees, along with Justice Jackson, would have the longevity to eventually become the senior justices of a future Court with a liberal majority.

 

inthewind21

(4,616 posts)
30. I think
Wed Dec 21, 2022, 04:33 PM
Dec 2022

It doesn't matter what we think. It's not your or my place to decide what is "best" for either of them. And if the voting public had paid even the slightest bit of attention for the past 40 years and got off their asses and voted to ensure we didn't end up with a circus SC then this wouldn't be a discussion at all would it?!

tritsofme

(17,471 posts)
31. If ifs and buts were candy and nuts, we'd all have a Merry Christmas.
Wed Dec 21, 2022, 04:38 PM
Dec 2022

And where did I say it was yours or my place to decide anything for them?

mahina

(17,802 posts)
21. Do you know I love them both, but Justice Sotomayor has diabetes
Wed Dec 21, 2022, 03:50 PM
Dec 2022

We need to look ahead. She has done a fabulous job. I don’t know anything about justice Kagan and I don’t have the time to go educate myself before I write this get back to my life but definitely Justice Sotomayor should retire if we can find somebody as strong as she is and younger and healthier. This is a long battle ahead. I love her and I’m thankful for her.

 

inthewind21

(4,616 posts)
34. No
Wed Dec 21, 2022, 04:41 PM
Dec 2022

We needed to "look ahead" 20+ years ago. And suggesting one of the sane SC justices step down after only 12 years on the bench because the voting public DID NOT pay attention and let the SC get all fucked up is beyond mind boggling!

crickets

(26,007 posts)
22. Instead of talking about Dems stepping down,
Wed Dec 21, 2022, 04:09 PM
Dec 2022

I wish the media would discuss Clarence Thomas resigning in disgrace.

Mad_Machine76

(24,471 posts)
33. +1000
Wed Dec 21, 2022, 04:40 PM
Dec 2022

We only ever seem to hear about Democrats resigning. Never Republicans. They suggested Obama step down after his first term in 2012 and we've been hearing that maybe Biden shouldn't run again in 2024 and now we're hearing about it in regards to Supreme Court Justices in their 60's who aren't anywhere near ready to retire. We never hear about maybe it's time for Clarence to step down.

Takket

(21,756 posts)
37. what absolute drivel
Wed Dec 21, 2022, 05:27 PM
Dec 2022

yeah Democrats are doomed until 2030, just like they were doomed in 2022.

We just had a MASSIVE victory in 2020 and 2022 and all this writer can talk about is how they are going to lose.

Pathetic

Mad_Machine76

(24,471 posts)
41. Be nice for them
Wed Dec 21, 2022, 05:41 PM
Dec 2022

to talk about Republicans being perpetual losers who usually can't win unless things are rigged in their favor

lees1975

(3,975 posts)
44. No. Dems sweep 2024, especially if they get
Wed Dec 21, 2022, 05:47 PM
Dec 2022

The orange headed buffoon in prison.

My hope is that ginny Thomas shenanigans get Clarence off the court.

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