Does Ruth Baita Ginsburg have something to apologize for? There are some on the left who are angry at her for not retiring when President Obama was in office and the Senate was controlled by the Democrats

so that her replacement could be another liberal. I'm going to tell you why I think

they are wrong. We've already politicized the appointment process and we now

trying to politicize the resignation process, even the death process. I'll explain why I think she did the right thing

by remaining on the Supreme Court

as long as she had the intellectual ability to serve.

This is Alan Dershowitz and you're listening to the Dershow.

Amidst all the well-deserved praise for the late great justice, Ruth Baita Ginsburg Ginsburg after all she will be the first woman in

history to lie in repose in the capital. There is grumbling going on among people on the left. Mostly it's silent grumbling, but this

morning's New York Times had an article by Emily Bazalon assessing why Ruth Bader Ginsburg didn't resign when there was a

Democratic president and a Democratic controlled Senate so that she could be replaced by a liberal, perhaps a

liberal woman, much like her.

I think it's misplaced grumbling and in the article in today's times Emily

Baselon focuses on personal issues. She argues quite correctly that Ruth

Beedigensburg never let men tell her what to do during her entire lifetime.

She was a woman determined to do it to quote Frank Sinatra her way. And she did it her way up to the moment of her death.

But there is a more profound and more fundamental reason

than her own personal wish to stay on the Supreme Court till age 87 coming close to breaking a record

all of Wendell Holmes was a few years older when he resigned and then died shortly thereafter.

The institutional reasons though are quite important and they're in an age where everything is partisan these institutional reasons are not being given enough

consideration so let me raise them the Supreme Court is politicized enough without us having justices timing their resignation

so that their successor could be appointed by a president of their liking on their political side and

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