Justice Clarence Thomas, a reliable conservative vote on the Supreme Court, is mulling retirement after the presidential election, according to court watchers.
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His retirement would have a substantial impact on control of the court. The next president is expected to immediately replace the seat opened by the death of conservative Justice Antonin Scalia, providing a one-vote edge in the court that is currently divided 4-4.
And, conservatives fear, that could switch to a 7-2 majority if Republican Justice Anthony Kennedy, already a swing vote, retires. He will be 80 next year.
The de-evolution, from Thurgood Marshall to Thomas as the Court’s black Justice (I looked at H.W. Bush replacing Marshall with Thomas as a direct slap in the face, and still do), is, in many ways, symbolic of the rightward move of the country itself. It would be very nice indeed to have some evolution on the Court. Some more evolution.
If Hillary’s record as a liberal just isn’t liberal enough for you, consider the impact that a Democrat picking two, maybe three, if Kennedy retires, Supreme Court justices will have. It could be, within a few years, a 6-3 or even 7-2 liberal court. For decades. Every election is important. Every vote counts. And changing the composition of the Court is a “revolution” that could last twenty-five years.