President Joe Biden promised Black voters Wednesday that he would appoint progressives to the US Supreme Court if elected to a second term, suggesting he expects vacancies on the high court over the next four years.
“The next president, they’re going to be able to appoint a couple justices, and I’ll be damned — if in fact we’re able to change some of the justices when they retire and put in really progressive judges like we’ve always had, tell me that won’t change your life,” he said during a campaign rally in Philadelphia.
It was as explicit a warning as Biden could offer about the stakes of the upcoming election, and a clear reminder that some of the nine justices have entered their seventies.
Clarence Thomas is 75 and Samuel Alito is 74; both are conservative and appointed by Republican presidents. Sonia Sotomayor, a liberal who was nominated by President Barack Obama, turns 70 next month.
It would at least (in theory) kick the politicization of judges to the circuit level and promote the same borderline majority opinions there instead - but make accession to SCotUS a supermajority. Hopefully then the only ones they can agree on are outstanding jurists.
Or if it does fall prey to partisan agendas, then it makes the ideological bent of SCotUS stable-ish.