Ted Cruz is predicting there will be a Supreme Court vacancy this summer. A lot of people are getting very optimistic about Second Amendment cases because we get to replace Scalia with Gorsuch. Even if Gorsuch turns out to be as solid on the Second Amendment as Scalia, that doesn’t get us anywhere. Recall that before Scalia stepped down, the Supreme Court still wasn’t taking gun cases, even when the lower courts were just as if not more blatant than the 4th Circuit Court of appeals was. We need to replace Ginsburg or Breyer if we’re going to get anywhere.
Interestingly, however, not too soon after Cruz made his prediction, Ginsburg told the BBC she’s not so sure how much steam she’s got left:
Asked how much longer she would stay in post, she said: “At my age you have to take it year by year. I know I’m OK. What will be next year?”
She added: “I’m hopeful however, because my most senior colleague the one who most recently retired, Justice John Paul Stevens, stepped down at age 90. So I have a way to go.”
I wouldn’t read too much into that, but that doesn’t sound like someone who’s intent on staying on the High Court until the bitter end.