Supreme Court Justice Ruth Bader Ginsburg will be 83 years old next month. It's virtually certain that she will be replaced by the next president, either because she has died (God forbid) or because she has resigned. So let's think this through. Suppose Barack Obama replaces Justice Antonin Scalia with (for lack of a better term) a judicial activist. If a Democrat is elected president this fall, then that's the result we would have had anyway. If a Republican is elected president, however, then, when Justice Ginsburg leaves the bench, she will be replaced (presumably) with a textualist such as Justice Scalia and the Court will be what it was until a couple of days ago. My point is that if a Republican is elected president, then it won't matter that Justice Scalia was replaced by a judicial activist; and if a Democrat is elected president, then all will be lost anyway (from a conservative's point of view). Could the presidential election be any more important?
Law
–––––––
