The only way to do this without her just stepping down is to impeach her, which as far as we can see is not warranted in any way. However, Justice Ginsburg can’t currently physically sit on the bench to hear arguments due to significant health issues. Her position on the court is presumably being run by her clerks as she recovers at home. Should an 85 year old Justice, who has maladies of a potentially critical nature and who even appears to have fallen asleep during a State of the Union address continue to occupy such a powerful position?
At the 2015 State of the Union (pictured above) Justice Bader Ginsburg admitted that she wasn’t “100% sober” while sitting in the audience. What that means exactly we are unsure. But this was almost four years ago. It was on national television. She couldn’t stay awake for 90 minutes? Should she be on the court if she is prone to this sort of thing? Is she always “sober” when making rulings. That’s a legitimate question.
One thing that is not in question is Justice Ginsburg’s toughness. She’s tough. She’s beaten cancer twice already. So maybe she should remain.
Regardless, chances are good that Justice Bader Ginsburg will be with us on the Supreme Court until she is no longer with us period. That is likely the way things will play out given the stakes and the Democrat’s absolute mortal fear of giving Trump a THIRD SCOTUS pick. But one has to ask at this point whether RGB is pushing it too far and whether remaining on the court is in the best interest of the country.
On the first question the answer is probably “yes.” On the second question, that is very much a matter of political perspective. As such Ms. Bader Ginsburg will remain on the court likely as long as she passes breath. Which under the Constitution is her right.
But is it right?
(From The National Review)
Ginsburg’s health troubles have worried liberals already smarting at the composition of the Court, where conservatives gained a majority after President Trump appointed Judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy. If she is forced to step down, her replacement will be Trump’s third appointment to the court.