We have a new member of the Supreme Court in the new term about to begin–Justice Sonia Sotomayor.
But we also have some flux evident, as there is the possibility of TWO new appointees by 2010–to replace Justice John Paul Stevens and Justice Ruth Bader Ginsburg.
Justice Stevens is 89 this year, still in excellent health, but by deciding not to appoint new law clerks for more than a year, causes speculation that he may retire next summer, which would mean he would not break the record for longevity or age, which would only occur if he stayed on the Court to the year 2012.
Justice Ginsburg has had colon and now pancreatic cancer, and this week felt faint, and was taken to the hospital, although now she has been released. It is sad to say that most patients who have had pancreatic cancer do not survive for long, although Ginsburg has been given a clean bill of health. Still, the likelihood is that she might leave soon.
So Barack Obama may have two new appointments, and it would seem to me that these retirements after distinguished years of service would be best if they did occur next summer, before the midterm elections, as there may be a smaller Democratic margin after those elections, making a Supreme Court appointment then much more problematical.
While neither justice retiring will change the balance of the Court, it will be good for Obama to pick two fairly liberal justices who would bring comparative youth and vigor to the Court before any possible change of balance in the Senate. So it is hoped that Ginsburg will decide to retire due to her earlier health problems, and that Stevens, despite being therefore unable to break records, will realize that after 35 years on the Court, it is time to go. It is difficult to give up power and status, but it would be good for the Court and the country for this to occur next summer.