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Alhena

(3,014 posts)
Thu Nov 8, 2018, 12:14 PM Nov 2018

If Ginsburg retired a few days before the 2020 election ...

I wonder if that would help the Democratic candidate, by making the threat to Roe v. Wade clear to everyone. There's obviously no way the Republicans could nominate and confirm a new justice in that time, and retiring then would put it in the voters' hands.

I personally think this might be better than hoping she could keep serving as a justice for all four years of Trump's (God forbid) second term. She honestly should have retired during Obama's administration, and it's painful to watch her keep going now.

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RockRaven

(14,783 posts)
1. She doesn't have to actually resign, just give an interview saying she plans to resign in Jan or Feb
Thu Nov 8, 2018, 12:16 PM
Nov 2018

after the new POTUS is sworn in.

unblock

(51,974 posts)
2. just to be clear, she needs to stay there until donnie is actually out of office.
Thu Nov 8, 2018, 12:17 PM
Nov 2018

i suppose she could gamble and *announce* a retirement in advance of the election, but we need her to not actually vacate the seat until there's a democratic president.

Alhena

(3,014 posts)
4. There are ironclad Senate rules regarding timing
Thu Nov 8, 2018, 12:21 PM
Nov 2018

You recall McConnell had to wait a few days after Kavanaugh was reported out of committee before he could move for cloture, and the committee process has a lot of minimum time periods as well.

grantcart

(53,061 posts)
7. There would be 7 weeks from the election to the new Senate being sworn in.
Thu Nov 8, 2018, 12:30 PM
Nov 2018

Which gives them ample time.

As to the OP these constant outlandish recommendations for outlandish stunts (Obama for Speaker e.g.) are silly and tiresome.

DetroitLegalBeagle

(1,904 posts)
11. +1
Thu Nov 8, 2018, 01:04 PM
Nov 2018

There are no ironclad senate rules. The rules are what the majority says they are. Unless its in the Constitution, the Senate can conduct its business in whatever way they wish. The only reason they stuck with that timeline is for the optics prior to the midterms. Push comes to shove to replace a liberal justice, they would do it in a heartbeat minutes before a new congress was sworn in, if they had to.

NewJeffCT

(56,827 posts)
8. she could announce that she is retiring 2/1/2021 or something like that
Thu Nov 8, 2018, 12:32 PM
Nov 2018

and, don't forget, Stephen Breyer isn't a spring chicken, either and men typically live several years less than women

AlexSFCA

(6,137 posts)
12. but be prepared for the worst case scenario
Thu Nov 8, 2018, 01:12 PM
Nov 2018

meaning RGB retires for health reason before 2020 and senate confirms gorsuch 3.0. Thomas is expected to retire next year to be replaced with gorsuch 2.0. Imagine that, Roe v. Wade would be just the beginning.

 

Hoyt

(54,770 posts)
13. Knowing the next Prez would likely appoint 2 or more Justices, didn't help Clinton.
Thu Nov 8, 2018, 01:17 PM
Nov 2018

We are assuming Justice Ginsburg will make it that far. Certainly hope so, but falling and her other health problems can be an issue for an 85 year old, even an active one.

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