The death of Supreme Court Justice Ruth Bader Ginsburg has set into motion what could become one of the most divisive and hypocritical battles in US political history.
Top News Today
Ruth Bader Ginsburg passed away on Friday after a long battle with cancer. Almost immediately after her death was announced, Senate Majority Leader Mitch McConnell and Donald Trump were busy salivating over the political “gift” her death had handed them in shaping the high court for a generation. In fact, Justice Ginsburg’s body wasn’t even cold yet before McConnell was already before the press discussing her replacement and how it would benefit Republicans. Classy!
Aside from the clear lack of decorum and respect for the dearly departed Supreme Court Justice and the loud licking of chops for the golden opportunity Republicans foresee in their future, what else is wrong with this picture? Let’s take an in-depth look.
.
.
HYPOCRISY
Let’s turn back the calendar to February of 2016 when Barack Obama was President of the United States. You may recall that President Obama nominated Merrick Garland to fill the vacant seat of the late Justice Antonin Scalia. However, the Republican-controlled senate created a new rule (to benefit themselves) and told Mr. Obama that February was much too close to the November 2016 presidential election for him to appoint a new justice — and that the decision should be left to the new president. In fact, Sen. Lindsay Graham was so convinced this was the right thing to do, he had this to say at the time:
“I want you to use my words against me. If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term [in 2020] you can say, ‘Lindsey Graham said let’s let the next president, whoever it might be, make that nomination.’ And you could use my words against me and you’d be absolutely right.”
.
Yes, Sen. Graham is on record as saying no president should be allowed to appoint a new Supreme Court justice during an election year. However, that was then and this is now.
Let’s fast forward the calendar back to the present date of September 2020. With only a mere 43 days to go before the presidential election, Republicans now want to change the rules yet again (also in their favor) to force through a 3rd Donald Trump nominee. This move could not only shift the balance of the high court in favor of conservatives, but it could have a damaging effect on such issues as Roe v. Wade, Gay marriage, affirmative action, the Voting Rights Act, and more.
Now, the stage is set for a huge political battle. If the GOP-led Senate thought Barack Obama should not be allowed to appoint a Supreme Court nominee 9 months before the 2016 election, how do they explain why it’s suddenly OK for Donald Trump to do the same only 43 days before the 2020 election?
Can you spell H-Y-P-O-C-R-I-S-Y?
.
REPUBLICAN DISSENT
Republicans are well aware they were in the wrong to stop the Obama appointee in 2016 — and are even more aware it’s just as wrong to again change the rules back to their favor for ‘The Donald’ in 2020. However, a forced Trump appointee this year is not necessarily a done deal.
The GOP would need 50 of their 53 Senate majority to vote to approve whoever Donald Trump trots out as the Ruth Bader Ginsburg replacement. This means that if Democrats can convince only 4 GOP senators to allow the next president to select the replacement, Joe Biden would be selecting a nominee during his first weeks in office (if elected).
.
With several Republican senators in jeopardy of losing re-election in November, getting 4 GOP defectors may not be a difficult as one would think. Sens. Collins of Maine, Ernst of Iowa, and Gardner of Colorado are each behind in the polls and could change their electoral fate by voting to postpone confirming a replacement until after the January inauguration. Additionally, Sens. Romney of Utah, Murkowski of Alaska, and Grassley of Iowa have either previously stated on record or recently hinted they’d be in favor of waiting until 2021. So, we shall see.
.
“In fairness to the American people, who will either be re-electing the President or selecting a new one, the decision on a lifetime appointment to the Supreme Court should be made by the President who is elected on November 3rd. Given the proximity of the presidential election, however, I do not believe that the Senate should vote on the nominee prior to the election.” – Sen. Susan Collins
.
POSSIBLE SCENARIOS
So, what could happen next?
Donald Trump and Mitch McConnell could protect vulnerable Republicans by postponing a Senate confirmation until after the November election — and still get their way in picking a Ginsburg replacement. This would mean that a lame-duck session would effectively be given the power to approve a Trump high court appointee.
They could also ram a nominee quickly through the process and boldly display their hypocritical political antics to the American public — a move which could backfire against Republicans and hand both the presidency and control of the US Senate to Democrats in November.
Of course, enough sensible Republicans could also force their GOP colleagues to honor their word from 2016 and allow the next president to select a replacement, effectively making this all a moot argument.
.
THE FIX
Republicans pulled a fast one in 2016 with their Supreme Court shenanigans and are hoping to do so again in 2020. However, karma could come back to bite them all in the butt.
Yes, Mitch McConnell and Donald Trump could force the approval of their Ruth Bader Ginsburg replacement before the end of the year. However, there are consequences to doing so.
As mentioned, not only could Democrats win all around in November to control the White House and the US Senate (in addition to retaining control of the US House), but President Biden could then change the rules within the Supreme Court to level out the playing field of the high court.
The US Supreme Court currently has 9 justices. However, that number is not set in stone. President Biden could effectively raise the number of justices to 11, thereby negating the last-ditch efforts by McConnell, Gingrich, and Trump to create a conservative court and turn-back the clock on Gay rights, equality, a woman’s right to choose, and more. Granted, such a move would not foster much of the unity Biden has promised to return to Washington (since the next Republican president could then simply raise the number of justices yet again to fit his/her own agenda). However, it could send a warning shot to Republicans that moving the goal post when it’s convenient for them, then moving it back when it’s not simply won’t fly in these United States of America.
So, there you have it. True to form, this year is stretching America to its core. the COVID-19 pandemic, police brutality and the rise of the Black Lives Matter movement, civil unrest and protests from coast to coast, the death of trailblazing Supreme Court Justice Ruth Bader Ginsburg, a contentious presidential election where ill feelings on both sides will prevent acceptance of the eventual victor, and now a Supreme Court battle that could not only decide the fate of the November presidential election but the future of America for decades to come.
Thanks a lot, 2020!
“Elections have consequences…” – Pres. Obama (shortly after his 2009 inauguration)
In 2016 at least 92 Million American voters (approx 42% of eligible voters) couldn’t be bothered to vote in the presidential election. It’s been widely reported that Justice Ginsburg had planned to retire soon after that election with the expectation that Hillary Clinton would be the new president and therefore the future of Our country would be safe and in good hands.
But because millions of Americans FAILED to take their responsibility to vote seriously Justice Ginsburg felt a duty to her country and to Our democracy to try to hang on a little longer. I will never forget her sacrifice.
May she Rest in Peace.