Barring unforseen circumstances you could bet your bottom dollar Scalia will not retire until after the 2017 election.
Future of an Aging Court Raises Stakes of Presidential Vote By SHERYL GAY STOLBERGJUNE 27, 2012
Justice Ginsburg, a stalwart of the court’s liberal bloc, has been treated for pancreatic cancer. Justice Antonin Scalia, the court’s most visible conservative, is 76. Justice Anthony M. Kennedy, frequently the swing vote, is 75. And Justice Stephen G. Breyer, like Justice Ginsburg a Democratic appointee, is about to turn 74.
None have shown any interest in stepping down, though Randall L. Kennedy, a liberal Harvard Law professor, argued last year that Justices Ginsburg and Breyer should quit so Mr. Obama could name younger like-minded replacements. Professor Kennedy presented his argument in an article published in The New Republic under the headline “The Case for Early Retirement.”
“Both are unlikely to be able to outlast a two-term Republican presidential administration,” Professor Kennedy wrote, adding, “What’s more, both are, well, old.”