The far right justices in question are Clarence Thomas (75) and Samuel Alito (73). The likelihood that both will be able to remain on the bench until 2029, at the earliest, is small, especially with the growing ethics concerns around Thomasโ financial improprieties and his wifeโs association with January 6 that may push his retirement even though he is currently (very) resistant. Thomas and Alito are the oldest members of the Court.
Re-electing Biden substantially increases the chances of the loaded 6-3 court shifting to 5-4, moving control away from the far right bloc, by 2029.
But it also has to be considered that Sonia Sotomayor, even though she is only 68, may not be able to remain on the bench through the next presidential term due to health concerns.
The first Trump presidency and Mitch McConnellโs scheming loaded the court with three right wing ideologues who barely qualify to teach law at Regent University, let alone have lifetime appointments to our highest court.
It is crucial to remember that the impact of a presidency on the courts outlasts any other presidential legacy and can change the entire course of American life for decades.
Obergefell vs Hodges is one of the things that might be on the line in the future. If you donโt want gay marriage to have the same spotty rights as it used to โ as happened with abortion without Roe vs Wade โ then I recommend voting in your interest, even if it feels like thereโs no moral choice on the ballot.