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Retire Now!

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Breyer is finally giving up the Court ghost. Thank God. Now, in order to make the Court at least not get worse, Sotomayor and Kagan both need to do the same thing. I know that Paul has made this point before on Sotomayor in terms of her health. I agree, though I think she’s great. But we need two 40-50 year olds who are going to hold the line in the Court for the next thirty years or so.

As for the quality of dissents, as I’ve stated before, it barely matters. A good dissent does matter in terms for lawyers and future cases up to a point, but as Alito and Thomas are proving again and again, they can just wipe their ass, call it a decision, and it is officially LAW. The only thing that really matters about the Court is politics. Lots of people can do the job of Sotomayor and Kagan. The former has been an outstanding justice, the latter is generally fine. Time for both to cash it in, go on the lecture circuit, and ensure their legacy by allowing younger people to keep up the good fight while Democrats control the Senate and presidency.

The cost of not doing this is too high to contemplate.

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