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Should Sotomayor and Kagan resign next summer?

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This is a thread to discuss this topic.

First, some background facts:

(1) The chances of the Democrats holding the Senate next November are between slim and none. Currently, the seven seats most likely to flip are all held by Democrats. You have to get to Ted Cruz in Texas before you get to a somewhat vulnerable Republican. Basically the Dems are going to be drawing to an inside straight here.

(2) I can’t exactly remember who is running for president for each party but I suspect it also adds to the uncertainty here.

(3) Sotomayor turns 70 next year. She has Type I diabetes. Kagan turns 64. They will have served on the SCOTUS for 15 and 14 years respectively.

(4) If you think that a Republican-controlled Senate will allow the confirmation of any SCOTUS nomination from Joe Biden then perhaps I could also interest you in some LoomCoin. If you think Donald Trump isn’t going to nominate an outright theocratic bomb throwing authoritarian, and/or that any GOP-controlled Senate won’t necessarily confirm whoever he nominates, I’d like to introduce you to Sam Bankman-Fried to help you make all your personal investing decisions.

Have at it.

. . . should have noted that any resignation of a SCOTUS justice can be made contingent on a replacement being confirmed prior to a certain date.

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