The quiet buzz of anticipation is bubbling up into news accounts: one or more Supreme Court justices may step down this year. Justice Ruth Bader Ginsburg has not been in good health, and Justice John Paul Stevens will be 90 in June. With a wave election anticipated and more Republicans on the way to the Senate, now may be the time for “liberal” judges to step down in hopes of having their spots filled by equally “liberal” justices.
What is interesting in all the buzz is the candor with which the Left now admits that Sonia Sotomayor was a dud. This report is typical:
Some liberals lamented that she lacked the provocative philosophical profile that Republican administrations have sought in some of their most important judicial nominees, such as Justice Antonin Scalia, a Reagan appointee who has popularized a conservative approach to legal interpretation.
Some liberals complain that she isn’t liberal enough. Others delicately put it that she is not a “trailblazer” or a “Scalia of the Left.” Translation: she lacks the intellectual firepower to go toe-to-toe with justices who rely on judicial originalism and to sway Justice Anthony Kennedy to their side. She was Latina but not very wise, they now concede.
So the battle is on between Democrats who want a liberal firebrand and those who’d like someone easily confirmable who won’t set off a titanic fight over abortion, guns, and other losing issues for Democrats in an election year. Conservatives would do well to stay mum at this point. It’s never a good idea to get in the middle of the opposition’s internal spat.