Ginsburg: Possible Supreme Court Opening "Soon"

BOSTON — Justice Ruth Bader Ginsburg told law students Friday there could be an opening on the Supreme Court soon but didn't hint at who might be leaving.

Ginsburg, who spoke at New England Law's annual "Law Day," said the nine justices only take pictures together when a new member is added. "We haven't had any of those for some time, but surely we will soon," she said.

She did not elaborate and declined to take questions from reporters at the event.

Court watchers suggest Ginsburg, 88-year-old John Paul Stevens and 69-year-old David Souter are the most likely to retire.

Stevens has repeatedly said he still enjoys his work and has hired law clerks for the term that begins in October.

Souter has said nothing about his plans and has not picked his law clerks, though he usually is one of the last justices to do so.

Ginsburg, who turns 76 on Sunday, had surgery last month for pancreatic cancer but returned to the bench without missing a day of work. She was treated for colon cancer in 1999 but has said she wants to match the tenure of Justice Louis Brandeis, who served for more than two decades until age 82.

Ginsburg was appointed in 1993 by President Bill Clinton.

If any of the three _ all on the court's liberal side _ should leave, President Barack Obama would pick a successor, who most likely would not change the court's 5-4 conservative lean.

Ginsburg, the court's only female justice, said advice from fellow cancer survivor and retired Justice Sandra Day O'Connor on when to schedule chemotherapy has helped her keep up with the court's pace.

"She said when you're up to chemotherapy, you do it on Friday, Friday afternoon. You'll get over it over the weekend and you'll be able to come to the court on Monday," said Ginsburg, who added O'Connor returned to work nine days after being treated for breast cancer. "So I've been following her advice meticulously."

Comments

[MarsAmbassador]

I've never seen an episode of Boston Legal before, but I happened to catch an episode the other day with the Supreme Court. Season 4, Episode 17 - The Court Supreme. Download it if you get a chance, it was incredible. David E. Kelley (writer/producer/creator) tears a strip off the Supreme Court and how political it has become over the past 20 years. Scalia got lambasted.

[Nyla785]

I wish no one on the Court ill, but I hope those that are up in years and perhaps considering taking time to do other things or spend time with family make their retirement plans soon, so that the Obama administration can fill the court with people who will consider ALL peoples' judicial needs, and NOT only those covered well by ideological philosophy.
This is my hope. I don't want Republicans to have another shot at 'stacking the court' to their own ideology.

[jena132]

I think its wrong that Supreme Court Justices serve for as long as they want. There should be limits just as in the other two branches of government.

[Workout60614]

There are elections but no limits in Congress. It's interesting that Justices usually become more progressive with time; that probably wouldn't be so if the Constitution had established limits or elections. History would indeed be different.

[Collielady]

The Supreme Court is the reason I'm so very thankful we elected O. Can you imagine who would replace Ginsburg, had McSame been elected?

Even before Ginsburg's illness became public knowledge, many have predicted that we will have one, or more, justices retiring in the next four to eight years. The bench could have gone dangerously conservative.

Elections DO have consequences.

[jackstpaul]

We need to get Ginsburg and Stevens off asap so we can get liberals ot replace them. Hopefully Souter or someone else will leave, too, so we can get 3 Obama justices in his (first?) term.

[dutchman]

Ummm, those three are fine, getting rid of Scalia and Thomas would be far, bar better.

[Collielady]

What are you talking about? Ginsburg and Stevens ARE liberal.

[Robfsumcc]

I think Jack meant that those three justices needed to be replaced by liberals because they will not be on the bench much longer and better that they be replaced by other liberals then stay on until a republican president gets elected and be forced to retire then.

[longislandlol]

There are so many good picks--- a new jersey african-american comes to mind---as on the short list--

[DumbDad]

Wait a minute! Isn't that Alan Greenspan? who took that pic?

[Okieborn]

How About !!!
Bill Clinton ???????

[CarolinaDem]

Janet Reno!@

[chonus]

Dave Chappelle

[jena132]

oooohhhh........that'd be good.

[GayGrandpa]

You've done us all proud Ruth!

[jcwtts1]

If we get a second term for O I think we will get five total appointments. But I think we have a deeper problem. I believe that we need to expand the court. I think the time for a 13 member court has arrived. The constitution doesn't set the number on the court. It has been expanded and contracted 5 times I believe. The last set the number at 9 and we have stayed that way for over a hundred years. But the size of the country as grown and the size of the court should do likewise. Four new members on the court. We need an act of congress, I think we can pass it. Imagine if President Obama gets not 5 appointments which would be amazing but 9.

J

[neesy08]

The Repubs must be hyperventilating at this bit of news!! Obama gets to pick a Justice!!

[ddanimal]

I wish her good luck, but pancreatic cancer is NASTY, and typically kills quickly, especially when it occurs in older people like Ginsberg.

[howcome]

The Democrats hope their pick won't be Borked... and really a non issue replacing Ginsburg,, Barack will be hard pressed to find any as leftist , who rewrites law as her and any who aren't criminally challenged

[hjo4]

YES!!!!!!!!!!!!!!!!!!!

[propitiousmoment]

I hope Justice Ginsberg reads these HuffPo comments, I'm sure it would be heartwarming for her to know that so many people appreciate her service and wish her well. And I will add my own best wishes for her recovery, and thanks for her service to the nation.