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Prior to her death Friday, Supreme Court Justice Ruth Bader Ginsburg reportedly issued a highly disturbing, politically charged statement calling for her replacement to not be chosen until “a new president is installed.”
“Just days before her death, as her strength waned, Ginsburg dictated this statement to her granddaughter Clara Spera: ‘My most fervent wish is that I will not be replaced until a new president is installed,'” NPR confirmed late Friday.
But if President Donald Trump, a Republican, wins reelection in November, which is a strong possibility, a “new president” won’t be installed until 2025.
Ginsburg’s dying words, therefore, were basically that she doesn’t want a Republican choosing her replacement. Though it was a highly political statement to make, prominent Democrats since have joined Ginsburg’s call for action (or inaction, rather).
However, some of them like former President Barack Obama tried at least to coat this partisan request in the facade of so-called “fairness.”
In a statement published late Friday, he specifically demanded that Senate Republicans abide by the “basic principle of the law … that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment.”
“The rule of law, the legitimacy of our courts, the fundamental workings of our democracy all depend on that basic principle. As votes are already being cast in this election, Republican Senators are now called to apply that standard,” he added.
“The questions before the Court now and in the coming years — with decisions that will determine whether or not our economy is fair, our society is just, women are treated equally, our planet survives, and our democracy endures — are too consequential to future generations for courts to be filled through anything less than an unimpeachable process.”
Justice Ruth Bader Ginsburg fought to the end, through her cancer, with unwavering faith in our democracy and its ideals. That’s how we remember her. But she also left instructions for how she wanted her legacy to be honored. My statement: https://t.co/Wa6YcT5gDi
— Barack Obama (@BarackObama) September 19, 2020
In other words, Senate Republicans must not vote on Ginsburg’s replacement until after the conclusion of the upcoming presidential election.
But as noted by critics, Ginsburg could have easily retired when Obama was still in office, thus negating the need for a replacement to be chosen now:
Yeah, you were President for 8 years, if she wanted to be replaced by a liberal, legislate from the bench judge, she should have retired, when you could pick. Her wish is irrelevant.
— Greg Stevens (@gregstevens64) September 19, 2020
Moreover, critics added, such decisions shouldn’t be based on the will of such clearly partisan judge but rather on the words of the U.S. Constitution:
Honoring the democratic process is not being a partisan judge and trying to reserve her seat for another dem activist and intead respects democracy and the constitutional positions of others like the President and the Senate.
She could have retired under you, she didn’t.
— Active Majority W Smith (@Anticomm19) September 19, 2020
Yes. “I want a new president to fill my seat.” She didn’t request til after the election, she spoke on the assumption Trump will lose. No reason to respect a partisan request.
— BohemianTitan (@BohemianTitan) September 19, 2020
President Trump will honor her memory by nominating a Supreme Court Justice to replace her as the Constitution requires.
— Aldous Huxley’s Ghost™ (@AF632) September 19, 2020
Despite these valid points, the belief that Republicans must sacrifice their chance to nominate another conservative to the court has been echoed by countless other Democrats, including but not limited to …
Senate Minority Leader Chuck Schumer, who posted the following tweet before expressing even the slightest condolences;
The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.
— Chuck Schumer (@SenSchumer) September 18, 2020
House Speaker Nancy Pelosi, who at least included condolences in her statement;
Ruth Bader Ginsburg embodied justice, brilliance and goodness. Her passing is an incalculable loss for our democracy and for all who sacrifice and strive to build a better future for our children. pic.twitter.com/BufY4jXPR8
— Nancy Pelosi (@SpeakerPelosi) September 19, 2020
We must honor Justice Ginsburg’s trailblazing career and safeguard her powerful legacy by ensuring that the next Associate Justice of the Supreme Court upholds her commitment to equality, opportunity and justice for all.
— Nancy Pelosi (@SpeakerPelosi) September 19, 2020
Sen. Elizabeth Warren, who quoted Ginsburg’s disturbing message verbatim;
With voting already underway for the 2020 elections, Ruthie’s “most fervent wish” was for her replacement not to be named “until a new president is installed.” We must honor her wish.
— Elizabeth Warren (@SenWarren) September 19, 2020
Sen. Mazie Hirono;
I have a very simple message for Donald Trump and Mitch McConnell tonight. The best and only way to honor the life’s work of Justice Ginsburg, a giant of a jurist, is to honor her fervent final wish that she not be replaced until a new president is installed.
— Senator Mazie Hirono (@maziehirono) September 19, 2020
And Sen. Dick Durbin, who tried to use Senate Majority Leader Mitch McConnell’s own words against him:
Remember Senator McConnell’s demand that SCOTUS vacancies go unfilled during a presidential election year, which was also Justice Ginsburg’s dying wish. McConnell pleaded with us to let the voters have the last word. Every Senator should be asked to commit to the McConnell Rule.
— Senator Dick Durbin (@SenatorDurbin) September 19, 2020
If four Republican Senators commit not to vote to fill this Supreme Court vacancy until after the presidential inauguration, then the voices of the American people will have a chance to be heard.
— Senator Dick Durbin (@SenatorDurbin) September 19, 2020
McConnell never demanded “that SCOTUS vacancies go unfilled during a presidential election year.” He simply argued that a Senate controlled by one party should never be forced to confirm the nominee of another party during an election year.
In a statement of his own published late Friday, he explained this further.
“In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year,” he wrote.
The Senate and the nation mourn the passing of Justice Ruth Bader Ginsburg and the conclusion of her extraordinary American life.
My full statement: pic.twitter.com/NOwYLhDxIk
— Leader McConnell (@senatemajldr) September 19, 2020
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