It's a fight I wouldn't personally want unless I was replacing Stevens or Ginsberg. That shift would be worth the trouble.
I read on FR that Stevens plans to retire next March or April.
Your are right. That's the fight worth waging, not to be #4 in 5-4 decisions.
On the other hand, I think at least 80% of the general public have something in their background that an opposition could makeout to be just less that a capital crime.
How many have had that unexplained check that might have been income or a loan repayment. Didn't file a 1099 for the guy that cut the grass. Or, to take to absurd but factual lengths, didn't report the "cents off coupons" as income.
These hearings, in this day and age, are Inquisitions and could destroy anyone with a slight chink in their armour.
Too big a gamble for most.
Meirs doesn't have to worry about nanny payments, etc.