{"id":15018,"date":"2024-02-02T12:47:28","date_gmt":"2024-02-02T12:47:28","guid":{"rendered":"https:\/\/shareperformanceinsight.com\/index.php\/2024\/02\/02\/liberals-have-a-new-supreme-court-target-and-you-wont-believe-who-it-is\/"},"modified":"2024-02-02T12:47:28","modified_gmt":"2024-02-02T12:47:28","slug":"liberals-have-a-new-supreme-court-target-and-you-wont-believe-who-it-is","status":"publish","type":"post","link":"https:\/\/shareperformanceinsight.com\/index.php\/2024\/02\/02\/liberals-have-a-new-supreme-court-target-and-you-wont-believe-who-it-is\/","title":{"rendered":"Liberals have a new Supreme Court target and you won\u2019t believe who it is"},"content":{"rendered":"
\n
\n

\u2018I live in frustration\u00a0\u2026\u00a0To be almost 70 years old, this isn\u2019t what I expected.\u2019 Those\u00a0words\u00a0from Justice Sonia Sotomayor appear to resonate with some liberals, but not in the way intended by the jurist.\u00a0Some activists and journalists are beginning to nudge Sotomayor to leave the Court\u00a0in order\u00a0to be replaced by a younger jurist, much as\u00a0was done to\u00a0Justice Stephen Breyer\u00a0in 2021 and 2022.<\/p>\n

On CNN, journalist Josh Barro\u00a0bluntly wondered\u00a0why Sotomayor\u00a0remains on the bench\u00a0when younger jurists could be brought on to guarantee a liberal vote for years to come. He indicated that\u00a0many\u00a0liberals are frustrated with her\u00a0for\u00a0not stepping down: \u2018I find it a little bit surprising, given what Justice Sotomayor describes there about the stakes of what is happening before the Supreme Court, that she\u2019s not retired. She\u2019s 69 years old, she\u2019s been on the court for 15 years.\u2019<\/p>\n

Sotomayor gave\u00a0her\u00a0frank assessment of being \u2018tired\u2019 and \u2018frustrated\u2019\u00a0during an appearance at the University of California, Berkeley Law School. She\u00a0suggested\u00a0that the\u00a0Supreme Court\u2019s\u00a0conservative majority contributes\u00a0to her daily burden. It was a notable interview not only for its content but\u00a0for its\u00a0moderator, UC Berkeley Law Dean Erwin Chemerinsky.\u00a0<\/p>\n

Chemerinsky previously shocked many in the legal community by denouncing Sotomayor\u2019s six conservative colleagues as \u2018partisan hacks.\u2019 In response to Chemerinsky\u2019s probing, Sotomayor took an implied swipe at her colleagues and declared:\u00a0\u2018I live in frustration. Every loss truly traumatizes me in my stomach and in my heart. But I have to get up the next morning and keep on fighting.\u2019<\/p>\n

She added that the workload is overwhelming: \u2018There used to be a time when we had a good chunk of the summer break. Not anymore. The emergency calendar is busy almost on a weekly basis.\u2019<\/p>\n

Many\u00a0clearly\u00a0would like to see her lessen that load\u00a0by\u00a0following the pattern of former\u00a0liberal colleague,\u00a0Justice\u00a0Breyer, who retired in 2022. Demand Justice, a liberal group that has pushed court-packing\u00a0as a solution to the Court\u2019s conservative majority,\u00a0 drove a billboard truck\u00a0through\u00a0the streets of Washington\u00a0with slogans like\u00a0\u2018Breyer, retire. Don\u2019t risk your legacy.\u2019<\/p>\n

At 69, Sotomayor shows\u00a0no signs\u00a0of mental decline. She has been a highly effective justice, stepping into the vacuum created by the death\u00a0in 2020\u00a0of\u00a0Justice Ruth Bader Ginsburg. Of course, few ever questioned the\u00a0\u2018Notorious RBG\u2019\u00a0in her decision to stay on\u00a0the Court,\u00a0despite her much older age and longer tenure. While some of us\u00a0noted\u00a0that Ginsburg was taking a huge risk in not allowing\u00a0then-President Barack\u00a0Obama to pick a successor, she remained on the Court\u00a0in spite of\u00a0medical problems and ultimately was replaced by\u00a0Justice\u00a0Amy Coney Barrett.\u00a0<\/p>\n

Ginsburg, however,\u00a0was almost\u00a020\u00a0years older than Sotomayor. There is no concern for deterioration or death on the bench\u00a0in Sotomayor\u2019s case. It is simply\u00a0a matter of\u00a0swapping out justices like light bulbs before they burn out.\u00a0<\/p>\n

The\u00a0grumbling from the left reflects\u00a0the raw\u00a0political\u00a0calculations that are now commonly applied to the\u00a0Supreme\u00a0Court. Justices are treated as cutouts for partisan outcomes; the worth of a justice is now largely seen as her potential longevity rather than her jurisprudence. Sotomayor\u2019s seat\u00a0is viewed as a lock for liberals, who want to trade for a new model before the new year\u00a0(and a possible\u00a0Republican\u00a0president).<\/p>\n

None of this is surprising in a time when law\u00a0school\u00a0deans\u00a0have\u00a0called\u00a0conservative justices \u2018hacks\u2019 and law professors\u00a0have\u00a0called for protesters to\u00a0aggressively\u00a0target individual justices.\u00a0<\/p>\n

\n
\n
<\/div>\n<\/div>\n<\/div>\n

Seton Hall Law Assistant Dean Brian Sheppard\u00a0treated such turnovers on the Court\u00a0in strictly transactional terms,\u00a0calling\u00a0for Congress to \u2018buy\u00a0out\u2019 justices by offering them \u2018large sums of money.\u2019\u00a0<\/p>\n

Georgetown Law Professor Josh Chafetz and others are interested in taking a more active approach to making continuation on the Court as unpleasant as possible\u00a0\u2014\u00a0at least for conservatives. Chafetz previously declared that the \u2018mob is right\u2019 in targeting and harassing justices, and he told\u00a0a\u00a0law school panel\u00a0in 2022\u00a0that \u2018I want to suggest that courts are the enemy, and always have been.\u2019\u00a0He suggested that Congress should retaliate against conservative justices by\u00a0considering the withdrawal of funding for law clerks or even \u2018cutting off the Supreme Court\u2019s air conditioning budget.\u2019\u00a0<\/p>\n

When the audience laughed at that absurd suggestion, it\u00a0reportedly\u00a0triggered\u00a0fellow panelist\u00a0and\u00a0Harvard\u00a0Law\u00a0professor\u00a0Ryan Doerfler,\u00a0who shot back at the crowd:\u00a0\u2018It should not be a laugh line. This is a political contest, these are the tools of retaliation available, and they should be completely normalized.\u2019 He added that liberals\u00a0should\u00a0destroy the idea that the Court is an \u2018untouchable entity and you\u2019re on the road to authoritarianism if you stand up against it.\u2019<\/p>\n

Apparently, it is better\u00a0to do that\u00a0than wait for some biological clock to toll. By cutting off the air conditioning daily and harassing\u00a0justices at home\u00a0nightly, activists may finally induce\u00a0some\u00a0jurists\u00a0to flee the Court.\u00a0<\/p>\n

These are the voices that dominate at some of our leading law schools, teaching students that opposing views should not be tolerated on our highest court. Doerfler is correct about one thing:\u00a0There is nothing laughable about what they are suggesting. We must decide as a people if we will protect our courts or\u00a0will\u00a0reduce their\u00a0makeup\u00a0to a simple matter of turning up a thermostat.\u00a0<\/p>\n<\/div>\n

This post appeared first on FOX NEWS<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"

\u2018I live in frustration\u00a0\u2026\u00a0To be almost 70 years old, this isn\u2019t what I expected.\u2019 Those\u00a0words\u00a0from Justice Sonia Sotomayor appear to resonate with some liberals, but not in the way intended by the jurist.\u00a0Some activists and journalists are beginning to nudge Sotomayor to leave the Court\u00a0in order\u00a0to be replaced by a younger jurist, much as\u00a0was done <\/p>\n","protected":false},"author":0,"featured_media":15019,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25],"tags":[],"class_list":["post-15018","post","type-post","status-publish","format-standard","has-post-thumbnail","category-politics"],"_links":{"self":[{"href":"https:\/\/shareperformanceinsight.com\/index.php\/wp-json\/wp\/v2\/posts\/15018","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/shareperformanceinsight.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/shareperformanceinsight.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/shareperformanceinsight.com\/index.php\/wp-json\/wp\/v2\/comments?post=15018"}],"version-history":[{"count":0,"href":"https:\/\/shareperformanceinsight.com\/index.php\/wp-json\/wp\/v2\/posts\/15018\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/shareperformanceinsight.com\/index.php\/wp-json\/wp\/v2\/media\/15019"}],"wp:attachment":[{"href":"https:\/\/shareperformanceinsight.com\/index.php\/wp-json\/wp\/v2\/media?parent=15018"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/shareperformanceinsight.com\/index.php\/wp-json\/wp\/v2\/categories?post=15018"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/shareperformanceinsight.com\/index.php\/wp-json\/wp\/v2\/tags?post=15018"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}