Ruth Badger Ginsberg,
justice of the U.S. Supreme Court (09-18-2020)
More riots? This is national blogger Erick Erickson: We are here, at this moment particularly, because of something too few want to say out loud. One of those oligarchs decided to gamble with her own life, impervious to calls for removal, so that she could try to shape the balance of the United States Supreme Court.
“She could have left while Obama was still there. But no, Ruth Bader Ginsburg decided to hang on through a pancreatic cancer fight hoping to use herself as a rallying cry for the left to mobilize in November and shape the election. Now, thanks to her pride, we’re going to get more riots.
“Our prayers should be with her family at this time.
“But we really should not dance around the fact that we are now, less than fifty days before a presidential election, in a new plot twist because she attempted to hang on for the sake of a progressive appointment to the Court.”
Retired UW-Madison law professor Ann of Althouse:
“Let’s look at Ginsburg’s language: “I will not be replaced until a new president is installed.” That is the form of her dying wish, as told to us by her granddaughter Clara Spera, who is a fellow at the American Civil Liberties Union. …We can make political arguments that Trump should wait and let us make filling that seat an issue in the election. I’d love to see Trump and Biden debate and give us the question: What kind of Justice do we want?
“Biden was chair of the Judiciary Committee for so long. Let’s grill him about what he did to Robert Bork and Clarence Thomas. Let’s ask him to show us his list of potential nominees as President Trump has. I think that would be great. But I also think that if the tables were turned and a Democratic President had a Democratic Senate, we’d get the nomination and confirmation quickly and without fussing….” (More Althouse here.)
The Marxists at The Nation magazine:
“To honor RBG, we’ve got to fight with all our might to reclaim the Supreme Court — and that means packing it.” (Source here.)
“Waiting to fill Ginsburg’s seat could be Trump’s key to victory. Keeping Republicans hungry for a more conservative court is the only guarantee of earning their support.” (The rest here.)
Blaska’s Bottom Line: Delaying a vote on the Notorious RBG’s successor would also stimulate Democrats. Well meaning folks (we’ve never been accused of that, thank God!) suggest Senate leader Mitch McConnell would be a hypocrite if he did not delay putting up Trump’s nomination (assuming there is one) until after the election as he did with Obama’s nomination of Merrick Garland (remember him?).
Those well meaning folks forget that the Constitution dictates two branches must tango in order to fill a vacancy in the third co-equal branch. In Garland’s case, the executive nominated but the Senate, fulfilling its end of the constitutional bargain, did not consent.