There are four justices in their 70s now. Ruth Ginsburg is 79. She’s probably the most likely to leave if Obama is reelected because she’s sympathetic to him politically.
The next two oldest are Justice Scalia and Justice Kennedy who are 76, who probably don’t want to leave if Obama’s president, but they’re starting to get to the age where, you know, you don’t know exactly when your term is up, as they say.
— CNN’s senior legal analyst Jeffrey Toobin, author of The Oath: The Obama White House and the Supreme Court (affiliate link), discussing where the Supreme Court could be headed if President Obama is elected for another term. Toobin’s remarks were delivered during The Colbert Report.
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(Does Toobin think that President Obama will appoint a gay polar bear to the Supreme Court if Justice Ginsburg retires? Let’s see….)
According to Toobin, a gay polar bear will only be appointed to the Supreme Court if it “votes liberally.” Isn’t it amazing what you can get a legal affairs writer for the New Yorker to say on a satiric news show when he’s promoting a book?
Check out the rest of Toobin’s interview here:
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Jeffrey Toobin [The Colbert Report]