The calls for Ginsburg to step down began in 2011 when Randall Kennedy, a Harvard law professor and former clerk to the late Thurgood Marshall,
wrote a piece in The New Republic gently urging Ginsburg, then 78, to retire while Obama was in office. (He had suggested the same of Justice Stephen Breyer, now 80.) Kennedy was publicly airing private concerns among Democrats that it could be Ginsburg's last chance to be replaced by a Democrat. "Justices Ginsburg and Breyer have enriched the nation with long, productive, admirable careers," he wrote. "Those, like me, who admire their service might find it hard to hope that they will soon leave the Court—but service comes in many forms, including making way for others."
Kennedy held up his old boss as a cautionary tale. Marshall's health problems forced him to retire during the administration of George H.W. Bush, who replaced the legendary civil rights lawyer with Clarence Thomas, a conservative ideologue who has spent his 27 years on the bench working to unravel virtually everything Marshall fought for.
"If Justice Ginsburg departs the Supreme Court with a Republican in the White House," Kennedy wrote, "it is probable that the female Thurgood Marshall will be replaced by a female Clarence Thomas."