It has been a turbulent few months for the relationship between Democrats and the Supreme Court. The Roberts Court has consistently leaned right, continuing a trend of conservatism in the nation’s highest court that has endured for decades. Justice Ruth Bader Ginsburg has a refreshingly progressive interpretation of the Constitution, and as the second female justice ever, is a model for young girls. However, at 81, her time on the bench is nearing its end. A timely exit would boost her image, but the Democratic Party, at least while President Barack Obama is still in office, stands to benefit most by an early resignation.
Just last week, the court struck down a cap on political donations, a ruling Ginsburg smartly disagreed with. When a section of the Voting Rights Act was overturned last summer, civil-rights activist Ginsburg was the natural choice to write the dissenting opinion. She wrote, “The grand aim of the Act is to secure to all in our polity equal citizen-ship stature, a voice in our democracy undiluted by race.” Ginsburg has accomplished much for gender equality and civil rights, and while it is frightening to imagine the court without her presence, it is necessary to do so for the future.
But Ginsburg may not resign before Obama leaves office in January 2017. Her health is stable — she has beaten two bouts of cancer and all faculties are intact — and she has hinted at staying. When asked last December if justices should retire when the party that appointed them holds the presidency, Ginsburg replied, “I think one should stay as long as she can do the job.” Understanding the consequence of her comment, Democrats everywhere cringed.
The future of the Supreme Court is likely to remain conservative, if not become more traditional. If Obama’s successor is Republican — a strong possibility given his low polling numbers — Ginsburg will likely be replaced by a conservative appointee if she does not resign before the end of Obama’s term. The Supreme Court needs more justices that prioritize the interests of the people, not corporations.
In response to questions about her commitment to equality, Ginsburg said, “I didn’t change the Constitution, the equality principle was there from the start. I was just an advocate for seeing its full realization.” Ginsburg should leave the court upon conclusion of this session in June, clearing a spot for the women whose equality she has helped to secure. If Ginsburg’s replacement is appointed by a Republican president, what would become of protections for gay marriage? Would human rights suffer as corporate rights flourish? What would happen to campaign financing restrictions? Would women lose dominion over their bodies? An early resignation by Ginsburg would bode well for her legacy as well as for the country’s future, while a late one would reverse the progress she has made in establishing equality.
A version of this article appeared in the Tuesday, April 8 print edition. Omar Etman is a deputy opinion editor. Omar’s Oration is published every Tuesday. Email him at [email protected].