If the conservative jurist joins the court by Monday, he will rule on protections for the critically endangered dusky gopher frog.
No matter what happens in November, the sickness may be terminal.
The judiciary may appear the only functional branch of the federal government, but a string of recent rulings have contributed to the impending catastrophe on Capitol Hill.
They would have been clear-eyed about the role of the Court and the dangers of too much fidelity to their original designs.
The president has commuted the sentences of 37 men on federal death row to life without parole, a historic move.
The justices’ decision not to wade into a sloppy coup attempt is no victory for rule of law.
Just as liberal judges trapped 1970s Democrats in a "soft on crime" paradigm, conservatives on the Court will make it harder for the GOP to shake a reputation as the party of plutocrats.
Labor leaders are sizing up a president who could be a friend or, more likely, a foe.