February 4, 2016

“Are you happy with the two sisters I brought you?”/“I’m very, very happy. But I’ll be even happier when you give me five more.”

What President Obama asked and Supreme Court Justice Ruth Bader Ginsburg — according to Justice Sonia Sotomayor, quoted in a short New Yorker piece by Ian Frazier, "Sonia From the Bronx."

If the quote is accurate, it means that Justice Ginsburg dreams of a Supreme Court with 8 female justices. Either the math is off or one male Justice is is ideal for some reason... a recognition of Justice Breyer perhaps.

ADDED: Have you noticed the meme The next President will appoint as many as 4 Supreme Court Justices?

It seems hard to believe that there could be 4 vacancies to fill within one 4-year presidential term, and we have not seen more than 2 per term unless we go back as far as Richard Nixon. Nixon had 4 appointments, all within his first term. Consider the age of the current Justices: Justices Scalia and Kennedy will turn 80 in the next few months. Justice Ginsburg will be 83 next month, and Justice Breyer turns 78 in August.

65 comments:

campy said...

Someone has to fetch coffee and lift the heavy boxes.

David Begley said...

If the Dems didn't have identity politics they wouldn't have a platform.

Back to Blood.

Gahrie said...

I wouldn't be surprised if Obama tried to pack the Court like FDR did.....

chuck said...

Glad she is immune to that diversity BS.

Brando said...

Just so we're clear, that "content of their character" stuff was all BS, right? We're now in full identity politics mode.

And if you love the Supreme Court now, imagine Clinton appointing two or three more Sotomayors.

B said...

Or she wants more siblings like Kagan and Sotomayor (justices who agree with her 99% of the time). I didn't read it to say she necessarily wants five more women.

But Althouse already knew that.

Sammy Finkelman said...

Well, right now, the Supreme Court has absolutely no white Anglo Saxon Protestants left. No Protestants of any kind, actually, in fact.

Sammy Finkelman said...

FDR tried to get a law passed adding to the number of Supreme Court justices (which is not specified in the constitution) It was also tied to age (as an excuse)

Alexander said...

Well, there are still some of us who understand that 'sister' implies one who is female. A sister isn't generally defined as one who agrees with you 99% of the time. Far from it.

The Drill SGT said...

I think it was a Breyer angle.

So if a man said he' be happier if they dumped the three Sista's and got three more Bro's, you think the MSM would write the story the same?

David said...

"sisters I brought you"

"when you give me"

Pretty revealing of their attitude towards the process. Possesory and self congratulatory.

Tom said...

This had been my favorite reason to support a President Paul. Alas, we'll likely get more liberal/authoritarian appointments that will reign the rest of my lifetime.

Brando said...

With Ginsburg about 100, and Scalia and Kennedy both in their 80s, there's a good chance the next president appoints three more people to the Court (to say nothing of hundreds of federal judges around the country on top of whomever Obama already appointed). That could mean a 6-3 cushion for whichever party wins the White House, provided they pick (and get confirmed) wisely. And that's not counting any odd resignations or deaths among the younger ones.

This is also why control of the Senate is crucial. The filibuster I think will disappear for good the minute either party has the WH and a Senate majority. Harry Reid taught us no one cares when you suspend it as you need to.

David said...

Nixon appointed Burger, Blackmun, Powell and Rehnquist to the Supreme Court. He also appointed John Paul Stevens to the Court of Appeals.

Dan Hossley said...

If you listen to Justice Sotamayor's questions, you'd think there already was a vacancy on the Court.

Paul Zrimsek said...

“Are you happy with the two sisters I brought you?”

The last time I heard that sentence I believe Roz was saying it to Ser Bronn on Game of Thrones.

Rob said...

Sotomayor cares only about replacing the 5 justices who often vote conservative. She doesn't care about Breyer's gender (which appears to tend toward the male portion of the spectrum), as long as he votes reliably liberal.

tim maguire said...

B said...Or she wants more siblings like Kagan and Sotomayor (justices who agree with her 99% of the time). I didn't read it to say she necessarily wants five more women.

But Althouse already knew that.


Althouse already knew what? That you and Ginsburg share a secret definition of "sisters" that no one else, including the dictionary writers, is privy to? Or simply that you read it your own personal way (with the implication that she should care)?

Larry J said...

campy said...
Someone has to fetch coffee and lift the heavy boxes.


And kill spiders.

chuck said...
Glad she is immune to that diversity BS.


IIRC, that was the case during her confirmation hearings. One southern Republican senator asked her if a firm didn't have any minority members, would that be signs of discrimination. She replied in the affirmative. He then pointed out that her office had no minorities. Her eyes went wide and she turned pale with the thought that the rules she believed in applied to her as well. The senator then added that she was the president's nominee and that was what mattered. Had the parties been reversed, I doubt that would've been the case.

holdfast said...

@Paul Zrimsek:

So, are the Lannisters going to burn Dorne to the ground and salt the earth or what?

holdfast said...

Sistas are doing it for themselves . . .

Rumpletweezer said...

And there are people who think Thomas doesn't belong on the court. That makes me laugh until my sides hurt.

MayBee said...

"Are you happy with the two sisters I brought you?"


That is cute if it's coming from a father to a young child.
It is super creepy coming from a president to a supreme court justice.

SteveR said...

Do adults talk like that?

readering said...

Nixon's situation first term was unique. He inherited a vacancy due to a Senate filibuster and then a justice resigned prematurely in scandal.

Look to Stevens, who waited out two terms of Bush '43 to retire after 90 (and he could have lasted a McCain term if needed). No reason to think the older justices on the court today can't do likewise. So 2 vacancies seems more likely next presidential term.

Birches said...

That's weird.

Left Bank of the Charles said...

The next President may serve 8 years, which increases the odds of appointing 4 new Justices substantially. But what if the current President gets another appointment? That could be a fascinating political moment.

eric said...

History is an arc. Eventually you peak and then its all downhill.

America is on the downhill slide already, its just not easy to notice. The clearest signal of this is there is no more rule of law. If there is, well, the people no longer believe in it.

Therefore, if the next President is conservative and appoints 3+ justices to the supreme Court who are like Thomas and Scalia, my prediction is, in my lifetime, some of these justices will be assassinated during a Democrat presidency.

Because it's the Supreme Court that makes the law now. Granted, its not supposed to. But, the logic and rational will be, human rights. And the justices who were killed were denying people their human rights.

Roy Jacobsen said...

So she's every bit as sexist as the feminists' worst caricature of a male chauvinist pig. It's just that her sexism is acceptable to the bien-pensant.

George Ferko said...
This comment has been removed by the author.
madAsHell said...

You need a tag for conversations that never happened.

I'm always amazed by fly-on-the-wall journalism with "quoted" statements. How does the writer find the time to be a party to so many conversations? Simple answer. He doesn't. He's pulling it out of his ass.

Che Dolf said...

So she's every bit as sexist as the feminists' worst caricature of a male chauvinist pig.

"I'm amazed at how many people still think calling out leftoids for hypocrisy is effective."
- Hateful Heretic

Blue Ox said...

In 2009, Elena Kagan testified that there was no constitutional right to gay marriage. Upon becoming a Justice, there was absolutely no doubt that she would decide in favor of gay marriage (which she did, of course).

Professor: Do you ever look out over one of your constitutional law classes and think to yourself, "Oh, what's the fucking point"?

n.n said...

Female chauvinism and a pro-choice religion. The matriarchy on display.

Roy Jacobsen said...

"I'm amazed at how many people still think calling out leftoids for hypocrisy is effective."

Oh, absolutely not effective on them. But as an answer to those plaintive cries of "Can't we all get along?" No. No we can't.

Roughcoat said...

Well, right now, the Supreme Court has absolutely no white Anglo Saxon Protestants left. No Protestants of any kind, actually, in fact.

Instead it has Ivy Leaguers. Different church, different religion.

Quinn Satterwaite said...

" I wouldn't be surprised if Obama tried to pack the Court like FDR did....."


That was suggested by the "Progressives" a couple of years ago before Roberts decided ACA the "right way".

Nice Court you have there, shame if anything were to happen to it.

Saint Croix said...

Hugo Black
Earl Warren
Abe Fortas
John Marshall Harlan

Nixon replaced them with...

Harry Blackmun
Lewis Powell
Warren Burger
William Rehnquist

What a horrible trade!

Brando said...

If Obama had an opening this year to fill I can't imagine the Senate voting to confirm under any circumstances.

Saint Croix said...

Potter Stewart
Warren Burger
Lewis Powell

Reagan replaced them with...

Sandra Day O'Connor
Antonin Scalia
Anthony Kennedy

What a squandered opportunity! Still a pretty good trade, though.

Paddy O said...

I guess this mean the number of new super-citizens will reshape just about everything one way or another. Everyone is equal, but some people have votes that are worth millions of other people on deciding political issues of our time.

Brando said...

"What a squandered opportunity! Still a pretty good trade, though."

The Democrats do a lot better. When's the last time they put someone on the Court who wasn't consistently leftist? Byron White, a little bit?

RonF said...

She has made numerous very sexist comments about this. She figures that since the Supreme Court was all male for about 200 years, it should be all female for another 200 years.

Sebastian said...

"Do adults talk like that?" Progs do.

But this issue, still under the radar, is why the GOP can't afford to make Trump the nominee, and why his angry-at-the-"establishment" supporters need to get a grip. Any of the remaining candidates would be better. The key, of course, is to win. I trust Rubio/Cruz to make the right SCOTUS choices.

Brando said...

"But this issue, still under the radar, is why the GOP can't afford to make Trump the nominee, and why his angry-at-the-"establishment" supporters need to get a grip. Any of the remaining candidates would be better. The key, of course, is to win. I trust Rubio/Cruz to make the right SCOTUS choices."

This would be a lousy year for the GOP to go with a Primal Scream. It may feel fun for a bit--stick it to the Left and the Establishment (meaning anyone who isn't totally with me)--but four to eight years of Clinton after the last eight of Obama will mean a decidedly left-leaning Supreme Court (and federal judiciary in general) for decades, and the ACA becoming more entrenched than ever. And that's just for starters.

Barry Dauphin said...

To me that is an inappropriate conversation for a president and sitting Supreme Court justice to have. Their roles demand far greater decorum.

Ignorance is Bliss said...

The next President will appoint as many as 4 Supreme Court Justices?

Isn't as many as 4 just, you know, 4?

I know the idiom means up to 4, but how does it mean that? If it turns out that they only appoint 3, does that mean that 3 is as many as 4?


Sometimes I think innumeracy would be much less painful.

SGT Ted said...

So, we have female sexists on the Supreme Court. That's just great.

averagejoe said...

If they retire now, they're still young enough to run for president on the democrat party ticket.

Rob McLean said...

"Do eight women and a man interpret?" "Eight women and a man," I nod.

The Godfather said...

OK, we don't have a white male Protestant on the Court, and we should have. I'm available. Am I white? Watch me dance. Am I male? Well, if you really want to, you can peek, but don't touch. Am I Protestant? Yes, if you count Episcopalians (and plenty of my Anglican predecessors were burned at the stake by Bloody Mary to qualify me.) True, I'm pushing 73, and never argued a case before the Supreme Court, but I do meet the affirmative action criteria, and does anything else really matter?

And BTW I do adhere to the belief that the way to stop discriminating on the basis of race is to stop discriminating on the basis of race (as someone (who?) famously said) and all lives matter.

holdfast said...

@Brando - If Rubio is the Prez, then I'd rather have Cruz in on the USSC than in the Naval Observatory.

Drago said...

Brando: "And if you love the Supreme Court now, imagine Clinton appointing two or three more Sotomayors"

Eventually, during the next term or the term after or the term after that the left will succeed in getting a solid majority of the court in their corner.

At that point, given what we've already seen, they will move to quash all those pesky rights you always thought you had (related to speech, the second amendment, etc) and cause an "operational" majority of the populace to be deflected into an "outlaw" "bucket".

That's when it will get quite interesting.

It's possible that can be avoided, but it's not likely.

Fernandinande said...

Ignorance is Bliss said...
Sometimes I think innumeracy would be much less painful.


Innumeracy doesn't count.

Anyway -
as many as
"1. Up to or equal to a certain number or amount. We have as many as 40 employees working in the office at any hour of the day."

It's an idiom - that means idiots made it up.

Char Char Binks said...

She's senile and lost count.

elkh1 said...

Creeeepiii...

Gahrie said...

But what if the current President gets another appointment? That could be a fascinating political moment.

There is no way the Senate votes on a Justice until after the election.

Unknown said...

Good grief that is sexist. I can not fathom the vapors induced if the sexes were reversed, especially is that evil Clarence Thomas said it.

The nytimes might explode.

Eric said...

Eventually, during the next term or the term after or the term after that the left will succeed in getting a solid majority of the court in their corner.

At that point, given what we've already seen, they will move to quash all those pesky rights you always thought you had (related to speech, the second amendment, etc) and cause an "operational" majority of the populace to be deflected into an "outlaw" "bucket".


If that's the way it plays out there's going to be a civil war.

We haven't had one in awhile. Maybe we're due.

mikee said...

"President Hillary Clinton today nominated former President Obama to the Supreme Court of the United States to replace the ailing Justice Ginsburg. President Hillary insisted that former President Obama's unrequested, surprise pardoning ofher and her husband of all past misdeeds in the middle of her election campaign had nothing to do with the nomination." Last front page story of the New York Times before the ISIS nuke exploded in Times Square.

Todd said...

mikee said...
"President Hillary Clinton today nominated former President Obama to the Supreme Court of the United States to replace the ailing Justice Ginsburg. President Hillary insisted that former President Obama's unrequested, surprise pardoning ofher and her husband of all past misdeeds in the middle of her election campaign had nothing to do with the nomination." Last front page story of the New York Times before the ISIS nuke exploded in Times Square.

2/5/16, 11:52 AM


Just curious, was President Clinton and VP Biden in the city at that moment?

Kirk Parker said...

Paul Z,

Either that, or some pr0n foursome video.


eric,

"America is on the downhill slide already, its just not easy to notice"

The hell it's not!

Kirk Parker said...

Blue Ox,

"Professor: Do you ever look out over one of your constitutional law classes and think to yourself, "Oh, what's the fucking point"?

I think of Our Professor™ as Boethius without the self-awareness.

Kirk Parker said...

Paddy O. @ 3:02pm,

Forget voting, get thyself to The Range. Yes it's horribly sad, especially for a younger chap like you--and more especially a Christian one--but brute force is increasingly how things will get decided in Our Republic, and it's not long before that force is not longer figurative.

Kirk Parker said...

Drago,

"Eventually, during the next term or the term after or the term after that the left will succeed in getting a solid majority of the court in their corner."

And then the dying will begin in earnest.

Sigh. I feel I have totally failed my children, that it has come to this.