In an editorial piece for the Constitution Daily , the blog of the National Constitution Center, veteran legal analyst Lyle Denniston examines a quote from Washington Post columnist Jonathan Bernstein. Bernstein had urged current Supreme Court Justices Ruth Bader Ginsburg and Stephen G. Breyer to retire in order to protect their legacies.
Denniston notes that resigning from a seat on the highest court in the land can be a very difficult decision. There is often pressure from media and political figures to retire when a particular party is in power. The editorial points out that this can often contribute to the seemingly partisan nature of the judgeships. “In a political era in which Americans are so deeply polarized about their public policy goals, it is easy to overlay that polarization on the courts,” Denniston writes.
Denniston goes on to quote Alexander Hamilton from Federalist Paper No. 78., stating that his enduring words embody the idea that courtrooms should be free from bias and political pressure