The failing health of justices on America's highest court is a delicate subject. There is something ghoulish about watching them age and the politics of it all.

Justice Ruth Bader Ginsburg was released from the hospital recently after another surgery. This surgery was to remove cancerous growths in her lungs. She has previously been treated for colon cancer and pancreatic cancer. She has had surgery to input a stent in her heart and she has been treated for injuries related to falling down. Her husband died in 2010. She is 85 years old.

She has been part of the liberal bloc on the Supreme Court since she was appointed by President Clinton in 1993.

During President Obama's time in office, some in the liberal movement thought it was best for Justice Ginsburg to retire so another liberal, a younger and healthier liberal, could be appointed by the president and confirmed by the Democrats in the U.S. Senate. She refused to leave the court.

Should something happen to prevent the 85-year-old survivor of numerous health battles from continuing on the high court in the next two years, President Trump will fill the vacancy. That is a nightmare scenario for liberals and a lesson for conservatives.

Today, the Republican Party has the ability to nominate and confirm their choices for the federal courts. President Trump has already placed two young healthy justices on the Supreme Court.

Justice Clarence Thomas should consider retiring and helping to assist in the selection of his replacement. He is 70 years old. Giving Donald Trump and the Senate Republicans an opportunity to place a younger person on the court with the same judicial philosophy as Thomas would be an act of selfless patriotism.

Chris McCarthy is the host of The Chris McCarthy Show on 1420 WBSM New Bedford. He can be heard weekdays from 10 a.m. to noon. Contact him at and follow him on Twitter @Chris_topher_Mc. The opinions expressed in this commentary are solely those of the author. 

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