If it ends up being a 5-4 decision, you can also hang some of that on Bader-Ginsburg who refused to retire in 2014 when she was an 81 year old 2-time cancer survivor and the Senate was about to change hands.
Quote:
U.S. Supreme Court Justice Ruth Bader Ginsburg has a message for liberals who have been saying the 81-year-old should step down while Democratic President Barack Obama is in office so he can appoint her successor: Who are you going to get who will be better than me?
Referring to the political polarization in Washington and the unlikelihood that another liberal in her mold could be confirmed by the Senate, Ginsburg, the senior liberal on the nine-member bench, asked rhetorically, “So tell me who the president could have nominated this spring that you would rather see on the court than me?”
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https://www.reuters.com/article/us-u...0G12V020140801