Well, She Could, But…
By There are few scholars whose research I’ve benefited from more than David Garrow’s, so I’d like to think that the last argument was attributed to him misleadingly:
David Garrow, a Cambridge University historian who follows the court, said Ginsburg’s situation points to an institutional problem for the court, “the arguably narcissistic attitude that longer is better.” The longest-serving justice, William Douglas, was on the court for more than 36 1/2 years, reluctant to retire even after a debilitating stroke. “History teaches us that often longer is not better,” Garrow said. Justices sometimes look at electoral projections when considering retirement, he said, adding that Ginsburg probably still could decide to retire next summer if Obama’s electoral prospects seem shaky.
This is so wrongheaded that it actually forces me to agree with James Taranto. Even in 1968 — when the general tradition of deference to presidential appointments was stronger — it was impossible for a president to make an election year appointment. There is no chance that a nominee replacing Ginsburg could be confirmed next summer, and I also agree that it’s highly questionable that any remotely liberal nominee could be confirmed even if Ginsburg resigned tomorrow.