Only if a major fuck-up is in charge of the certification process.
She ain't got to retire but she's gotta get the hell up outta there.
She'll be 74 by the end of the next presidential term. The average 74 year old American has a 3.7% chance of dying within the year. That's 1 out of every 27. And what are the odds Democrats get the White House back in 2028? Far from certain. At that point we have to wait until she is 78 for a Democrat to fill that seat. At that point the odds of death
within that year are up to 5.4%-- One in 20. (
Source) Doing my own math, I think that's more than a 20% chance of dying between 74 and 78-- 1 out of every five people.
It is a stupid system but the consequences are serious. The court has a 6-3 margin. Clarence will step down by 2028, mark my words if this shit comes to pass. The odds are Sonia Sotomayor will live to see her 80s and she'll be able to make valuable contributions to society. But the odds are not good
enough for her to continue to do so as a Supreme Court justice.
Edit: Just realized I used male life expectancy numbers. Women at 74 are basically where men are at 70, so one could fairly argue they are more capable of serving longer than men. But I still think the smart move is for any person in their 70s to not to let everything they worked for or believed in be dependent on their own mortality.