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The thing I can't stop thinking about is this: I'm 48, and in my adult lifetime there has been one Republican who won the popular vote. But I will probably spend the rest of my life under the authority of a Supreme Court dominated by hard right conservatives. How is that democracy?
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A biden win this election probably results in a 5-4 liberal court
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Umm…no. That would also require the Democrats to control the Senate, and no conservative judges, let alone 2, will just not retire while Democrats control both the White House and the Senate.
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Thomas and Alito are both getting quite up there in age
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Thomas is 76, Alito 74. The actuary table says the chance of both of them making it another 4 years is higher than the chance of both of them dying
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They might die or they might not 🤷‍♂️ Oliver Wendell Holmes stayed until he was 90 Jack B. Weinstein kept a full docket on E.D.N.Y. until he died in 2021 at 99 When Obama took the bench in 2009 there was still one Eisenhower appointee left with a full docket
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I went through this a few weeks ago. (since Kennedy here is since JFK, not Anthony Kennedy)
FYI of the 15 justices appointed since Kennedy, not including the current court, only one (Fortas) died before the age of 80; Scalia, at 80, was the second-youngest to die, followed by Rehnquist (81) and Goldberg (82). The remaining 11/15 lived to the age of 85, and at least four made it to 90