Commentators continue to respond to Erwin Chemerinsky’s op-ed (which we covered in Monday’s round-up) urging Justice Ruth Bader Ginsburg, who turned eighty-one over the weekend, to retire to allow President Obama to nominate her successor.  In his column for The Atlantic, Garrett Epps suggests that “the timing of judicial resignation is a complex mix of ego, ideas of mortality, political fealty, and dynamics within the Court. Justices . . . just don’t see the issue the way the rest of us do, as a straightforward matter of presidential elections and judicial votes.”  “And for that reason,” he argues, “publicly telling Ruth Ginsburg what to do would be bad manners and bad psychology.”  And Steven Mazie weighs in at The Economist’s Democracy in America blog, observing that “Justice Ginsburg likes her job and wants to hold on to it as long as she feels she’s serving the country. She seems to have a sense that the weight of history is not riding on her choice of retirement date quite as much as everyone seems to think.”


  • Justice Elena Kagan spoke this week at the Georgetown University Law Center as part of the Dean’s Lecture to the Graduating Class series.  Video of that appearance is now available via C-SPAN.
  • At the Ogletree Deakins blog, Hera Arsen reports on last week’s denial of certiorari in two cases involving the Fair Labor Standards Act.

Posted in Round-up

Recommended Citation: Amy Howe, Wednesday round-up, SCOTUSblog (Mar. 19, 2014, 9:14 AM),