Of the many, many depressing counterfactuals from my lifetime watching and being subject to american politics that I sometimes contemplate while drinking heavily, the world where Thurgood Marshall managed to hold on for 18 more months and have his successor appointed by Bill Clinton is one of the most agonizing to realize we missed by inches.
(In fairness to Marshall himself, this was not at _all_ an obvious or even plausible scenario in October 1991.)
@memory Don't forget The Other Guy who managed to luck* into the presidency despite losing both the popular vote and the electoral college, and then used 9/11 as an excuse to kill lots of people, roll back a bunch of rights, and also installed two more terrible justices.
* I guess a partisan SCOTUS isn't really "luck", but you know what I mean
@memory Has nothing to do with the law or the Constitution, either. The Constitution says:
"Judges, both of the supreme and inferior courts, shall hold their offices during good behaviour."
This is written as a self-executing provision.
Constitutionally, Thomas and Alito are not judges -- they've actually confessed to taking bribes. Why does Biden pretend that they're judges, rather than arresting them for their crimes?
@memory The people who wrote the Constitution were lawyers. They could have said "Judges shall hold their offices until impeached". They didn't. They could have said "Judges shall hold their offices until found guilty of bad behavior." They didn't.
They knew what they wrote. "shall hold their offices during good behaviour". It's self-executing.
Thomas and Alito aren't judges, Constitutionally. People are just pretending that they are for some reason.