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The Reverse Ginsburg Scenario: Democrats May Only Need To Wait Rather Than Pack The Court Authored by Jonathan Turley via Jonathan Turley , Below is my column in the Hill on one possible impact of the midterm elections: the possible shift of the Court to a liberal majority by simple attrition rather than packing. The decision of Justices Clarence Thomas and Samuel Alito to remain on the Court will make the election in 2028 an existential fight for the Court and other core institutions in this country. Here is the column: In Henry VI, Shakespeare wrote, "Defer no time, delays have dangerous ends." Many today would like to chisel those words above the doors to the Supreme Court. Time and time again, justices waited too long for their own legacies. For many conservatives, the loss of both houses of Congress has created a true nightmare scenario in which two conservatives (Justice Clarence Thomas and Samuel Alito) could hand Democrats the opportunity to take control of the Court without having to carry out their court-packing schemes . Control of the Court could now be lost by sheer attrition. Timing has always been a looming question for justices who want to see their seats filled by like-minded jurists. However, it is difficult to walk away from being one of nine. Some served beyond their own capabilities in clinging to the Court, becoming befuddled and isolated with age. That was the case with iconic justices such as William Douglas and Thurgood Marshall. Others stayed too long to guarantee the preservation of their own legacies. The most recent example is Ruth Bader Ginsburg. Some of us wrote for years that Ginsburg was risking her legacy by not retiring while Barack Obama was president. After Trump appointee Amy Coney Barrett replaced her, many liberals (who were consciously silent before her death) lamented her decision. Now, conservatives worry they may face a double tap. For two years, there has been speculation that Thomas (78) and Alito (76) might retire to…

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