They have lifetime appointments and enjoy tremendous power and status, which can be difficult to give up. Copyright © 2020 CBS Interactive Inc. All rights reserved. Franklin Roosevelt floated a plan to “pack” the court by expanding the number of justices in frustration because aging conservatives kept striking down his “New Deal” programs. Justices Ginsburg and Breyer have enriched the nation with long, productive, admirable careers. Johnson, who wanted to replace Justice Clark with Thurgood Marshall, played up the notion that his continued presence on the court while his son ran the Justice Department created a conflict of interest, and Justice Clark stepped down that June. Few close to the justice have a sense of his plans, though he has told prospective clerks that he may soon leave judicial service. In 2014, Erwin Chemerinsky, now dean of the law school at the University of California at Berkeley, wrote articles, appearing in The Los Angeles Times and Politico, declaring that for the long-term good of progressive values, Justice Ginsburg should step aside to make way for a younger Obama appointee. Walter Dellinger at his office in Washington. It didn’t turn out that way.”, The Quiet 2013 Lunch That Could Have Altered Supreme Court History. O'Donnell also speaks with Mr. Biden's running mate, California Senator Kamala Harris. Kennedy took a third position. Plagued by failing health, he retired on June 27, 1991, setting the stage for President George H. W. Bush to replace “Mr. Writing only for himself, he argued that partisan gerrymandering is unconstitutional, but agreed no easy test yet existed to identify them. Senate Republicans have shown themselves to be willing to stymie the process of judicial confirmation and leave vacancies open for long periods of time. The career of Justice Thurgood Marshall is a cautionary tale. As the United States celebrated the centennial of the Declaration of Independence, a heated competition between Republican Rutherford B. Hayes and Democrat Samuel Tilden was rife with accusations of voter fraud and suppression. Lesley Stahl speaks with the Republican candidates, President Donald Trump and Vice President Mike Pence, while Norah O'Donnell speaks with the Democratic candidates, former Vice President Joe Biden and Senator Kamala Harris. The three cases before the Court this term all take up Kennedy’s challenge in different ways, but it’s not clear which of the proposed alternatives a majority of justices might endorse, if any — thus, Breyer’s proposal to reargue each dispute. It is simply a plea for realism, which is often difficult to muster in the face of the idolatry that suffuses popular thinking about the justices and their role in American democracy. "It immediately turns the wheelchair from something like a medical device into a friendly object," said Ailbhe Keane, who started Izzy Wheels with her sister. When Justice Ruth Bader Ginsburg joined President Barack Obama for lunch in his private dining room in July 2013, the White House sought to keep the event quiet — the meeting called for discretion. Election Day could turn into "Election Week" with rise in mail ballots. Both have served with distinction on the … Follow Kevin on Twitter Send tips to kevin@dailycallernewsfoundation.org. The Central Idaho Dark Sky Reserve, draped over nearly one million acres of wilderness areas and the Sawtooth National Forest, is a major draw for amateur astrophotographers capturing the heavens. What is ballot harvesting — and should you hand your ballot to a stranger? A few months later, however, she has stitched together a path to success. The Supreme Court, however, occupies a different status than federal trial and appellate courts. President William Taft could not push out Justice Melville Fuller, whom he deemed senile after the justice bungled Taft’s swearing-in, the biographer David Atkinson wrote; Taft had to wait until Fuller died of a heart attack a year later. For decades, moving from state to state, the FBI says Dana Lawrence swindled victims – wealthy businessmen, a pilot, a rabbi, a private school administrator and her own friends and lovers. But you have to go outdoors to pursue what one team in Colorado recently attempted: the world's largest fireworks shell ever launched. A justice should have a deep, even passionate, commitment to his or her judicial philosophy and therefore act within his or her lawful powers to advance that perspective. How do I vote in my state in the 2020 election? A third controversy, arising from North Carolina, is currently pending. He did, however, raise the looming 2014 midterm elections and how Democrats might lose control of the Senate. The celebrated musician sat down to speak with Tracy Smith for "CBS Sunday Morning.". April 28, 2011 / 10:05 AM The order would drastically limit the number of drop off sites in the state's largest counties. We now know, of course, that the end of Marshall’s time at the Court was less dramatic than that but deeply saddening nonetheless. “The O’Connor episode reflects the sensitivity that justices can exhibit toward pressure from the outside about how the Court runs,” Mr. Bauer said, including showing “resistance to any questions about how long they serve.” He added, “White Houses are typically mindful of all this.”. The special reluctance would stem from an apprehension that Obama’s nominee as a successor would likely harbor juridical views antagonistic to those that Scalia cherishes. What's more, both are, well, old: Ginsburg is now 78, the senior sitting justice. Their estimable records will be besmirched, however, if they stay on the bench too long. First published on April 28, 2011 / 10:05 AM. And the president had invited no other justices to lunch. Democrats were worried about the prospect of losing the Senate. President Trump's campaign website briefly showed a message from someone claiming to have compromised devices belonging to Mr. Trump and his relatives. Now, if Justice Ginsburg departs the Supreme Court with a Republican in the White House, it is probable that the female Thurgood Marshall will be replaced by a female Clarence Thomas. A 102-year-old veteran went for the ride of a lifetime by jumping out of an airplane, and she still has another thrill on her bucket list. “What would you think of taking the three cases and setting them for reargument?” he asked Michael Kimberly, attorney for the plaintiffs. A heat wave helped fuel a ferocious spate of fires, costing people their homes and so much more. Still, the prospect of his replacement by a strident conservative ideologue no doubt troubles Kennedy’s liberal colleagues, the Court’s vaunted comity notwithstanding. As ever, Kennedy will likely dictate the outcome of the gerrymandering cases. In an interview that's made headlines this week, Lesley Stahl presses President Trump on once-again rising coronavirus cases and what his priorities would be if re-elected. Treading cautiously, he did not directly bring up the subject of retirement to Justice Ginsburg, at 80 the Supreme Court’s oldest member and a two-time cancer patient. Therefore, he said, judges should not hear such challenges until the appropriate standard is identified. He answered her in one word: “Vanity.”. The next summer, when another Supreme Court term closed without a retirement announcement from her, the administration did not try again. Implicit in that conversation was the concern motivating his lunch invitation — the possibility that if the Senate flipped, he would lose a chance to appoint a younger, liberal judge who could hold on to the seat for decades. With nine days left until Election Day, many Americans hope the race finishes smoothly — unlike the disputed election of 1876. Given his previous tenure as chief counsel to the Judiciary Committee, Justice Stephen Breyer might have been a more pragmatic target of overtures. For adjudicators from Guinness World Records, it takes some record-setting nerves to judge a world-record attempt as successful. Justices Ruth Bader Ginsburg and Stephen Breyer should soon retire. Lee Cowan reports. They should announce their retirements this spring, effective upon the confirmation of successors. But Mr. Nabors said he recalled hearing that “it wasn’t clear that the message was entirely transmitted effectively, or that it was received in the manner it was delivered.”. President Obama met with Justice Ruth Bader Ginsburg, hinting at retirement, but the art of nudging justices off the court is politically delicate and psychologically complicated. Turner Classic Movies host Ben Mankiewicz (the grandson of Herman) talks with Fincher, and with actresses Amanda Seyfried and Lily Collins, about the story behind the making of a masterwork. On the other hand, if Obama loses, they will have contributed to a disaster. Though a majority of the justices clearly find partisan mapmaking odious and unconstitutional, there are serious disagreements as to when and how judges should police politically-driven district maps. If Ginsburg or Breyer (or both) announced retirement at the end of this Supreme Court term (pending the confirmation of successors), they could virtually guarantee that President Obama would get to select their replacements. The case was the second political gerrymandering dispute the Court has heard this term. President Trump’s first White House counsel, Donald McGahn II, the primary architect of the administration’s success in reshaping the judiciary, helped ease the way for Justice Anthony Kennedy’s retirement in 2018, which allowed Mr. Trump and a Republican-controlled Senate to lock down his seat for another generation. U.S. Supreme Court Justice Anthony Kennedy chats with Chief Justice John Roberts during a new U.S. Supreme Court family photo including Justice Neil Gorsuch, their most recent addition, at the Supreme Court building in Washington, D.C., June 1, 2017. Donald F. McGahn II, White House counsel, watched as Judge Brett M. Kavanaugh testified in front of the Senate Judiciary committee in 2018. But presidents cannot force justices to leave the court. One of the former Obama administration staff members who heard discussion of the roundabout outreach by Mr. Leahy was Rob Nabors, who served in a series of White House policy and legislative affairs positions under Mr. Obama from 2009 to 2014. Walter Dellinger, a … Still, presidents throughout American history have strategized to influence the timing of justices’ exits to suit various White House priorities. (Brett Kavanaugh, whom Mr. McGahn recommended to fill Justice Kennedy’s seat, was also one of his clerks.).
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