The 2024 Senate map is so brutal for Democrats that they would likely need to win a landslide in the national popular vote just to break even. They are unlikely to control it for longer than that. But even a mighty Supreme Court justice cannot overcome the merciless math facing Democrats in a malapportioned Senate that effectively gives extra representation to Republicans in small states.īarring extraordinary events, Democrats will control the White House and the Senate for the next two years. Realistically, both justices could probably look forward to a decade or more of judicial service if they desire it. There are no reports that either is in ill health (although Sotomayor has diabetes, she’s managed that condition nearly her entire life). Now, eight years later, the question arises: Should Justices Sonia Sotomayor and Elena Kagan, 68 and 62, respectively, do what Ginsburg would not?īoth justices are much younger than Ginsburg was in 2014. Ruth Bader Ginsburg’s seat on the Supreme Court, a seat that until recently belonged to the greatest women’s rights lawyer in American history, is now held by her ideological opposite. When she died in the final months of the Trump presidency, Ginsburg told her granddaughters her last desire: “My most fervent wish is that I will not be replaced until a new president is installed.” It amounted to nothing. Ginsburg was a two-time cancer survivor in her 80s, the oldest member of a 5-4 Court where the right to an abortion - and perhaps even the right to vote in reasonably fair elections - teetered on a knife’s edge.
In 2014, President Barack Obama was in office and Democrats controlled the Senate, empowering them to confirm a new justice if Justice Ginsburg had left the Supreme Court. We have now lived with the consequences of Ruth Bader Ginsburg’s late-life arrogance for more than two years.
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