Supreme Voting

Nov 1 2012 @ 11:08am

Noah Feldman thinks that the close election will mean that both candidates will govern as centrist pragmatists – with one notable exception:

When it comes to Supreme Court appointees … the differences really are going to be stark — and they will last for a generation. Somehow the campaigns have failed to remind us that four justices are 74 or older, meaning they will be at least 78 by the end of the term. Justice Ruth Bader Ginsburg is already 79, with Justices Antonin Scalia and Anthony Kennedy not far behind at 76 and Justice Stephen Breyer at 74. One hopes of course they all live long lives, but the notion that all four will still be willing and able to serve the next four years is preposterous. Several will retire and be replaced — and even one replacement could fundamentally change the configuration of the court.