re: #69 The Vicious Babushka

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Dear Mr. Woods:

The Constitution says “no” to your argument.
In fact the Supreme court is fully seated.
‘Viability’ is not relevant.

You should read some history.
here’s just a bit, h/t electoral-vote.com

Roger Taney (Dred Scott) in his final years he was so infirm he could barely walk or write. He stayed on the bench until he died at the age of 87, in a time when being 87 was like being 100 today.

Nathan Clifford needed the paycheck, and so he remained on the court well into his seventies, and after a severe stroke. His capacity was so reduced in his final years that his SCOTUS colleagues referred to him as the “babbling idiot.”

William O. Douglas also suffered a severe stroke, and was so dysfunctional that his colleagues agreed that they would postpone any case where he was the deciding vote.

Frank Murphy spent the last several years of his decade-long tenure going in and out of hospitals. During this time, his clerks and/or his friend Wiley Blount Rutledge wrote most of the opinions that bore Murphy’s name.