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Questioning Justice Ruth Bader Ginsburg, Again

Erin MacLeod |
October 12, 2013 | 11:28 a.m. PDT

Contributor

Justice Ruth Bader Ginsburg (Cknight70, Creative Commons)
Justice Ruth Bader Ginsburg (Cknight70, Creative Commons)
As of Monday, the U.S. Supreme Court has officially reconvened, despite the current government shutdown. As business moved forward, questions about one particular justice, Justice Ruth Bader Ginsburg, continued.

Ginsburg leads the liberal block within a sharply divided Supreme Court, 4 consistent liberals, 4 consistent conservatives, and the last justice in the middle. At 80 years of age she’s also the oldest, prompting many liberals to call for her resignation before President Obama loses the chance in 2016 to name her successor.

A Washington Post Magazine article written by Robert Barnes reignited questions on if Ginsburg should stay or go.

Barnes began his article by describing what retirement might look like for Ginsburg who loves Opera and spending time with her family in Santa Fe, New Mexico.

Barnes continued by detailing the importance of Ginsburg’s retirement timeline, what monumental decisions and dissents she has led, Ginsburg’s health condition, advice from former justice Sandra Day O’Connor and even her friendship with Justice Scalia.

Ginsburg has overcome two episodes of cancer, colon cancer in 1999 and pancreatic cancer in 2009. Barnes wrote “she moves slowly, often with her head down, and speaks deliberately, with pauses that leave listeners wondering if she has finished her thought.”

While Ginsburg is considered frail to some, her involvement within the court proves otherwise. She continues to have an active role in the decision of cases, has maintained her attention to detail and finishes her written arguments significantly ahead of the other justices proving her age has hardly been an obstacle in her ability to work efficiently.

Ginsburg maintains she is in perfect health in interviews claiming she can do 20 male push-ups. “So all I can say is what I’ve already said: At my age, you take it year by year.”

Russell Wheeler, visiting fellow at the Brookings Institute and previous deputy director of the Federal Judicial Center, isagreed with the article. He saw it less as a call for Ginsburg to step down and more of a question that many people are asking: When will she step down and what will the political repercussions of her choice be?

Wheeler thinks the answer is obvious since the court is so sharply divided. He said the liberal’s argument aligns with the idea that if Ginsburg really cares about her party, she would step down.

Ginsburg is not new to calls that it might be time for her to resign. Fear driven liberal groups before the 2012 election raillied for Ginsburg to step down. They worried that if Mitt Romney won the election, her resignation during his term would give conservatives complete control over the Supreme Court. 

In an interview with Reuters in July of this year, Ginsburg vowed to resist the pressures put on her to retire. “It really has to be, ‘Am I equipped to do the job?’"

Jonathon Bernstein argues that Ginsburg has found herself between what’s best for her and what’s best for the cause she cares about, claiming Ginsburg’s selfishness could cause liberals to lose Supreme Court influence.

Ginsburg, however, resists the notion that many others have embraced. She believes her decision won’t matter and that the 2016 presidential election will result with a win for the Democrats. 

Barnes wrote, “Ginsburg understands politics but does not feel she faces a deadline to leave so that Obama, whom she admires, can choose her successor.” 

While fearful democrats consistently push Ginsburg to retire, many others say she doesn’t need to. Jason Fargo, The Guardian, wrote “the calls (for) Ginsburg to go underestimate both her own particular skills, which can't be replicated by a random Obama replacement, as well as her own mastery of the current political terrain.” 

Ultimately, the decision is up to Ginsburg who currently plans to break Justice Stevens retirement record at the age of 90. Despite arguments from both sides, Ginsburg plans to stay. 

 

Reach Contributor Erin MacLeod here; follow her here.



 

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