So at this point, the odds of Trump winning are getting closer and closer to zero. His people are worried they’re going to be prosecuted (they will be), some are even attempting suicide (can’t say I will miss the scum that pretends to be human or American), and a sane person (which Trump is not) would be running to daddy Vladamir right now begging for protection (he can bunk with Snowden, traitor roommates, I see a sitcom here).
But the fact is that even though the fascist will be leaving office (god I hope he tried to resist and needs to be forcibly removed) the court has been tainted by his (and McConnell’s) unquestionable hypocritical and unethical behavior.
This is going to leave us in a position where the Democrats are going to want to pack the court (which will hurt the court’s image) or the current nine justices stand with the mark of corruption on them. Neither is good and neither is in anyone’s best interest because we need to restore the three branches of government to some sense of reason, honor, and virtue.
But there is a way out of this.
Right now, Justice Clarence Thomas is 72 years old. The life expectancy for African American males is 72. Playing the odds, he is living on borrowed time and will likely die during the administration of President Biden—if he’s lucky, as Biden won’t be filling the whole term, he might make it to President Harris. If he thinks he’s going to just wait until there is a Republican in office again, he’s crazy. And either Biden or Harris will replace him with a liberal if he dies during their administrations.
However, if Thomas went to the White House during the first week of the new administration and said “I will retire if you nominate one of these 10 or so moderate justices” it would be a win-win (a libertarian judge who will not attack the liberal key points of abortion and minority rights, but will check the government on size and scope of government would appease the principled people on both sides). The rage over the Trump/McConnell sleaziness is quickly dissipated by the fact that you have a Democrat filling a previously Republican seat. Thomas ensures that the court only moves one step to the left instead of two. And the reputation of the Supreme Court is not destroyed in a fight to pack the court. Further, this means that Republicans are not encouraged to pack the court the next time they are in charge. And Biden would take it because it would mean he would not have to expend political capital on packing the court.
And the cherry on top is that Thomas gets to leave with the halo of a true statesman and won’t be just remembered for Anita Hill and living in Scalia’s shadow. Few opportunities ever come up to so clearly rewrite how history will remember you, and Justice Thomas would be a damn fool not to take this opportunity.
Quite frankly it’s a win-win for everyone. And that sadly is why no one would ever do it because there is nothing but pettiness and short-sighted idiocy in Washington on all sides at this point.