....while Ginsburg is responsible for a great number of landmark legal decisions, her legacy may be sorely tarnished by one truly terrible one: refusing to retire when President Barack Obama could have named her replacement......
..The calls for Ginsburg to step down began in 2011 when Randall Kennedy, a Harvard law professor and former clerk to the late Thurgood Marshall, wrote a piece in The New Republic gently urging Ginsburg, then 78, to retire while Obama was in office. (He had suggested the same of Justice Stephen Breyer, now 80.) Kennedy was publicly airing private concerns among Democrats that it could be Ginsburg’s last chance to be replaced by a Democrat. “Justices Ginsburg and Breyer have enriched the nation with long, productive, admirable careers,” he wrote. “Those, like me, who admire their service might find it hard to hope that they will soon leave the Court—but service comes in many forms, including making way for others.”
...It’s not considered polite to point this out, but Ginsburg has been falling asleep on the bench during oral arguments for years. Back in 2006, she dozed off during a redistricting argument for a good 15 minutes—long enough for the courtroom artist to sketch her in repose. The Washington Post’s Dana Milbank wrote, “It’s lucky for Ginsburg that the Supreme Court has so far refused to allow television in the courtroom, for her visit to the land of nod would have found its way onto late-night shows.”
It’s not just oral arguments that are a problem. Ginsburg fell asleep during two of Obama’s State of the Union addresses and during Pope Francis’s 2015 speech to Congress—Justice Sonia Sotomayor had to give her a nudge to wake her up. If Ginsburg can’t put herself to bed at a reasonable hour to avoid falling asleep in public—a basic function of her job—what makes anyone so sure that her judgement about retirement was any more realistic?....
https://www.motherjones.com/politics/2018/11/what-cult-ruth-bader-ginsburg-rbg-got-wrong-obama-trump/
Attachments: