The New York Times opinion page published an essay titled, "If Only John Roberts Would Retire." No, I didn't write it. But columnist Pamela Paula made many arguments I've made before:
In retiring at age 67, Roberts could make a statement about the perils of a gerontocracy and the possibility of Supreme Court term limits, even if only self-imposed. He could help forestall constitutional changes to the court that might be welcome by those on the left while they remain in power and abused by the right when they are not. In retiring, he could help restore public confidence in the court and ensure its future. . . .
Consider what happens if he stays. He's already sullied his reputation on the right, having been bludgeoned by his critics, notably Trump, for years. He's utterly failed liberals and moderates. His legacy would be one of ongoing ineffectiveness for all parties.
Retirement would make Roberts a hero for many. He could stand up for his principles, as articulated in his opening statement during his confirmation process. ("If I am confirmed, I will be vigilant to protect the independence and integrity of the Supreme Court.") He could enable President Biden to appoint a new chief justice, someone who could restore a smidgen of balance to an institution ideologically out of whack.
In retiring, Roberts could help the court move toward positions that more broadly reflect the opinions of most Americans, rather than those of an extremist faction.
Pamela Paul cites several people who floated the idea long after I did so. Indeed, I made this point shortly after Justice Ginsburg died, before Justice Barrett was confirmed. But, alas, no credit.
