Bad News

Justice Ginsburg apparently has pancreatic cancer.  Five year survival rate for this is very low.  She’s undergone surgery, most likely a whipple procedure, which is a major surgery with a high likelihood of complications.  On a personal note, we hope Justice Ginsburg recovers from her surgery and her cancer.  It was caught early, so her odds are better than most.

But from a political point of view, this means that Obama likely gets a Supreme Court pick for the 111th Congress.  If we’re going to have a knock-down drag-out confirmation fight, her replacement is the place to do it.  Can we make a Second Amendment litmus test?

18 thoughts on “Bad News”

  1. So Obama will get to replace a Leftist Justice with no regard for 2A rights with a… Leftist Justice with no regard for 2A rights? It’s a Mulligan.

    If he got to replace Scalia or Alito or Thomas it would be something to discuss.

  2. Maybe we should buy them all gym memberships, and health food coupons. I’m OK with Supreme Court justices having gold plated medical benefits too.

  3. The only thing likely to change by an Obama appointment is that we’ll probably get a Justice who’s not as good of a writer. Ginsburg and Scalia opinions are crystal clear and easy to follow, even if you disagree with them. Kennedy (and O’Connor, when she was still there) opinions are each like a morass of despair to peruse.

  4. I’ll be honest, I’m worried as hell about something happening to one of the Heller five. Maybe we’d be getting too greedy trying to make an issue of Ginsburg’s replacement, but we’re positively screwed if any of the five who voted for Heller leaves the bench.

  5. You never know though, wasn’t Stevens a republican pick. That backfired. She can’t be replaced with anyone who is more anti-gun than her. So no matter who we get we can’t lose anything and we have the possibility that they are pro-gun. I think Obama will be more concerned about getting a judge that will allow him to expand federal powers.

  6. Souter was a Bush-1 appointee. There is something to be ashamed of. How they found that idiot in all the decent gun lovers in NH is beyond me.

  7. With Obama’s track record so far, I wouldn’t be surprised if he replaced Ginsburg with Jack Wienstien.

  8. Hate to see here go, she had a pretty bipartisan record. Hopefully Obama won’t be allowed to appoint a cronie.
    El Sid
    Rants of a Conservative Contractor

  9. Retire, enjoy your life because cancer is a bitch. God bless what you have left.

    As JT said, it’s likely a “holding ground” situation we’ve become accustomed to. Yes, we’d be stuck with a horrible justice for years if she does, but that was something that should have been fought in November. That is the mantra, right? If we’d mobilize and fight the laws we wouldn’t have to worry about the justices.

  10. Actually, yes. The opportunity to have at least a chance of putting another pro-gun justice on the Supreme Court, which was at least a possibility with McCain, is one of the main reasons I wanted to defeat Obama.

    But given that, I’m open to the idea that we might be able to make the Second Amendment an issue for justices. The left’s done a good job of making Roe a litmus test, and Supreme Court confirmations aren’t quite the issue cabinet confirmations are. When I say open to the idea, that doesn’t mean I’m sold on it. Since this hasn’t happened yet, I don’t know what the politics of the nomination are going to be yet. I’m skeptical the Republicans are going to have the votes to force a litmus test, to be honest.

    But the stakes for a Justice are a lot higher than for holder. Holder is gone in 4 years, hopefully. Eight at most. We’ll be dealing with Ginsburg’s replacement for decades.

  11. Based on current trends, I would guess we will get an anti-gun judge that doesn’t pay his taxes.

  12. liberal judges are not all anti-2A. Justices like Judge Gould in the ninth circuit ( a very liberal circuit) is a liberal california judge who wrote a dissent stating that the second amendment in his eyes is an individual right.

    Many of the anti-2A oppinions were appeals court judges following quasi precedent from years of interpreting miller for more than it has to be.

    Also, the Heller decision was greeted on both sides of the aisle warmly….there wasn’t a huge outcry against it…hell even obama went on record saying he supports it (even though i thought he was lying out of his ass). This means that it would take a huge political wind (yes judges still play politics) to favor overturning that decision.

    I think we have seen the end of the collective rights era…slowly the second amendment is being enforced at the lower court levels and eventually will be set almost in stone.

    I think even if you got a liberal justice…if asked in the confirmation hearings (which he/she will most probably be asked) about their support for heller, they will most likely simply state they agree with the decision

    thats just my 2 cents

  13. I wish Justice Ginsburg a full recovery, so that she stays on the bench long enough for President Palin to name her replacement in 2013. The last thing I want is for Obama to name a replacement for Ginsburg who will serve another 30 years on the bench.

  14. Before Heller was ruled on, I inferred that Ginsburg would rule with us because of her history as an ACLU lawyer. I believed that determining a right not to be an individual right would have sunk all of her previous work. Boy, was I wrong.

    I wish her a speedy recovery.

    When she finally departs the court, I hope her replacement is a pro 2a NRA life member and also has an ACLU card.

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