The Left creatively explores ways to game any situation, then aggressively pushes to implement its plan and then pushes beyond where anyone thought it was going to go.
Bullying Justice Breyer off the bench and replacing him with a pro-pedophile and anti-constitution racist was Phase 1.
Here’s Phase 2.
Sotomayor and Kagan need to think about retiring – Vox
Breyer initially insisted that he wasn’t going to retire and then he did. Sotomayor in particular may prove somewhat harder to bully, but I wouldn’t bet against an aggressive combined stick-and-carrot campaign.
There’s no particular urgency here as the Vox agenda piece notes. Neither Sotomayor nor Kagan are particularly old. Even assuming that a Republican wins in 2024, their seats are in no particular danger.
Even assuming a Republican wins and serves two terms, Sotomayor would be 78 and Kagan 72. The average life expectancy for justices is in the 80s. RBG, the great cautionary tale used to purge Breyer and now Sotomayor and Kagan, was 87.
None of that is the point.
There are a few pluses here for leftists.
1 Churning justices means that the new appointees would not only be younger and thus likely to last longer, but they’d be more leftist. Older leftist justices like RBG and Breyer were fine in their time but proved insufficiently woke. While the older conservatives on the court have been far more reliably conservative than Roberts or the newcomers under Trump, newer leftists are more politically reliable.
Much as term limits have tilted the city governments of places like New York City much farther to the Left so too, demographic court packing would make the leftist justices much more up-to-date. That is, they’d know women don’t exist and racism can only be practiced by white people.
2 Game theory has the Left behind on the Supreme Court. Packing the Court directly has proven to be challenging, but start churning justices and suddenly conservatives will have to react. There will be pressure on Thomas and Alito to retire and make way for younger justices. The grander constitutional project will fall apart and even a conservative majority will consist of little more than atomized judges with different philosophies who have trouble agreeing on most things.
3 With justices constantly being rotated, the Supreme Court will lose its heft. From the conservative perspective that may seem like a good thing, but lefties have a knack for taking over institutions, robbing them of meaning, but boosting their authority.
Getting a new set of justices past a Senate on a regular basis would be challenging. But if the Democrats can sweep in with a new administration and congress, and then swap out justices before the midterm payback kicks in, this could be a whole new game.