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The far right justices in question are Clarence Thomas (75) and Samuel Alito (73). The likelihood that both will be able to remain on the bench until 2029, at the earliest, is small, especially with the growing ethics concerns around Thomas’ financial improprieties and his wife’s association with January 6 that may push his retirement even though he is currently (very) resistant. Thomas and Alito are the oldest members of the Court.
Re-electing Biden substantially increases the chances of the loaded 6-3 court shifting to 5-4, moving control away from the far right bloc, by 2029.
But it also has to be considered that Sonia Sotomayor, even though she is only 68, may not be able to remain on the bench through the next presidential term due to health concerns.
The first Trump presidency and Mitch McConnell’s scheming loaded the court with three right wing ideologues who barely qualify to teach law at Regent University, let alone have lifetime appointments to our highest court.
It is crucial to remember that the impact of a presidency on the courts outlasts any other presidential legacy and can change the entire course of American life for decades.
[March 15, 2024 addition: when I say that judicial appointments outlast any other presidential legacy, as of today, there are still 15 judges serving on federal courts who were appointed between 1981-88 by Ronald Reagan. Think about that.]
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