Justice Ginsberg still believes in the militia theory of the Second Amendment, but I think it’s good she doesn’t feel any pressure to retire while Barack Obama is President. She believes the next President will be a Democrat anyway. It’s a gamble for the Heller dissent. If Ginsburg retired during Obama’s Administration, there’d be a strong likelihood she’d be replaced by another justice who would like to overturn the Heller decision and redact the Second Amendment right out of the Bill of Rights.
But I don’t really blame Justice Ginsburg for wanting to hang on. For one thing, she might be right about a Democrat winning in 2016. Conventional wisdom for Democrats in DC is that the Republicans are finished, and they need not worry about losing the White House again. I think that’s wildly optimistic on their part, but it’s a common belief. The other reason I don’t blame her is I’m not sure I’d want to retire either. What would you do all day? I’d find things to amuse myself, sure, but I’d imagine Justice Ginsburg’s work is far more interesting than anything one would typically find for amusement in retirement.