While the retirement of Supreme Court Justice Ruth Bader Ginsburg–who, at 76 years of age, was recently diagnosed with cancer–is inevitable, it looks like President Barack Obama’s first vacancy will come from the seat now occupied by Justice David Souter, the George H. W. Bush appointment who, upon reaching the bench and despite being characterized as a right-winger by Massachusetts Sens. Kerry and Kennedy, took such a hard left turn that he should have sewn a blinker onto the back of his robe.
Of course, while neither the retirement of Souter nor the retirement of Ginsburg–nor, even, the inevitable retirement of 89-year-old John Paul Stevens–would shake up the ideological makeup of the Court, I cannot say I’m pleased with the idea that the aged Stevens and Ginsburg, along with the 69-year-old Souter, would likely be replaced by Obama with much younger, much more radically left-leaning judges.
Regardless of what can be said about former President George W. Bush’s abandonment of free market principles during the latter half of his second term, history will likely be kind to Dubya and his legacy in two ways: first, his stance on global terrorism and, second, his appointment of Chief Justice John Roberts and Justice Sam Alito. I look at those men and take heart in knowing they’ll be around for a while — for that reason, I’m not going to like what we’ll be seeing from Barack Obama.
I lack the time now to get into possible replacements but, from what I’ve heard, it’s not going to be pretty — at least not if you care for the Constitution as written by our founders.