Nothing deep here, just the following thoughts:

1. There has not been a Supreme Court with a majority of justices appointed by Democrats since Abe Fortas quit under fire and Earl Warren retired in 1969.

2. Republican appointees currently outnumber Democratic appointees 7-2.

3. Given the relative youth of Justices Thomas, Alito, and Roberts, barring misadventure those seats are locked. Republican appointees/conservatives/rightists/whatever you want to call them will continue to have a powerful presence on the court, including the Chief Justice’s chair, for quite awhile.

4. That said, were Obama to win a second term, almost everyone else would be in play. Justice Stevens is 89, Justice Scalia is 73, Justice Kenedy is 72, Justice Ginsburg is 76, and even Justice Breyer, appointed by Bill Clinton, is 70. I wish long life and good health for everyone, but the actuarial tables will also have their say here.

5. Of course, nominees can surprise. Warren was appointed by Eisenhower, Stevens by Ford, and Souter by Bush I, and all proved to be far from party-line guys — which should be what we’re looking for.

This entry was posted on Sunday, May 24th, 2009 at 6:30 am and is filed under The Political Mindscape. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.