It is finally dawning on many how important the Supreme Court is
for citizens. Apparently, for decades Republicans have been busy working on
ensuring that the Supreme Court is packed with conservative justices. Who knew
that! They have used outside conservative groups, like the
Federalist Society, to nominate justices at every opportunity. The liberal
counterpart for the Federalist Society is the American Constitution Society. At
least until recently this group had not been very active or very successful in
nominating justices. The explanation of Democrats for this lack luster effect
is that the Democrats are a very heterogenous group compared to the
Republicans.
Liberal democrats were either busy dealing with other priorities
or entirely unaware of what was happening with the Court. Irrespective of the
reason, currently the Court is heavily packed with conservatives. The situation
was made worse in the last six years with the appointment of three conservative
justices. It did not have to be this way if the Supreme Court was not
politicized. In 2015 when Justice Scalia passed, the Republican Senate Majority
leader Mitch McConnell was against confirming a justice before the federal
election in 2016. This resulted in the confirmation of Gorsuch, the first of
the three most recent conservative justices. This was followed by
Kavanaugh replacing Kennedy. Finally,with Ginsburg's passing the
republicans succeeded in confirming Barrett. With this confirmation the
Republicans succeeded in establishing a conservative court for years to
come.
Liberal activists have finally risen to play a role in the next
court appointment. How did they do it? For months they had a mobile display
urging Justice Breyer to step down. Whether it was because of the liberal
activism or because Justice Breyer thinks he will not be effective in the
current conservative court he has announced his retirement from the court. It
is also possible that he would like to retire giving Biden the opportunity to
appoint a Justice. If Ginsberg had stepped down when liberals suggested that
she step down, Obama and the democrats would have appointed a Justice and
helped maintain the judicial balance in the country.
There are now some rumblings that could affect Justice Thomas.
There is concern that Justice Thomas's wife Ginni Thomas is involved in
activities that are a threat to the activities of the Supreme Court. Apparently
Ginni Thomas is a staunch conservative and may have an influence on the
decisions made by her husband Clarence Thomas. A recent article by Jane Mayer
in the NewYorker discusses this in great detail. If this is indeed the
case, Justice Thomas may have to retire/step down to maintain the stature of
the highest court in the land.