Skip the rest of the article – it’s largely that marvelous combination of sneer/whine that typifies Beltway punditry when things aren’t going their way – and note this:
It is likely, then, that Ginsburg and Breyer will only be replaced by similar mainstream liberals if there is unified Democratic control of the White House and the Senate.
Basically, The Plum Line is trying to convince those two Supreme Court Justices to retire now for the benefit of the cause, and hopefully be replaced by young liberal Justices who will hang on for twenty years. Which is precisely the sort of thing that one does when one is uncertain that one’s Senatorial majority will last beyond… well, effectively, September 2014. If a Supreme Court vacancy happens after that there’s darn little chance that it’d be taken up before before January 2015 anyway.
I actually do expect that one or both of those Justices will retire in 2015, because Barack Obama will encourage them not to have 2014 also be about a knock-down, drag-out fight that reminds Republican voters why they want to have a Republican-controlled Senate. Besides, a Republican Senate that accepts any judicial nomination of Obama’s will be useful to Democratic propagandists. A Democratic Senate would successfully confirm absolutely awful candidates, sure – but a Republican one would eventually confirm some mildly bad ones*, and the mildly bad candidates will be right there while the absolutely awful ones will be safely theoretical.
Mind you, I’d rather have that problem then the one of how do we keep Barack Obama from nominating horrid Justices?
*Orbital Mind Control Lasers could not convince Barack Obama to nominate a member of the Federalist Society. I’m all for optimism run wild, but some things are not realistic.