Legal News

?Surely We Will Soon?: Mulling Justice Ginsburg?s Cryptic Comment

By Ashby Jones

Fair warning, LB Readers: This post is likely to generate more questions than answers.

Supreme Court Justice Ruth Bader Ginsburg, recovering from pancreatic cancer, told law students Friday there could be an opening on the Supreme Court soon. That’s about all we know. She didn’t hint at who might be leaving. Or how soon. Or under what circumstances. Click here for the AP report.

Here’s how it came up: Ginsburg, while speaking at New England Law School’s annual “Law Day” (every day is Law Day here, New England Law School!) remarked that the nine justices only take pictures together when a new member is added. Then she said:

“We haven’t had any of those for some time, but surely we will soon.”

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

Court watchers have suggested that 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, returned to the bench after her recent surgery without missing a day of work. On Friday, she said that 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.”

Full post as published by Law Blog - WSJ.com on March 13, 2009 (boomark / email).