It can be argued that it will be impossible to replace such an extraordinary woman who advanced equality for so many whilst rigorously defending the ‘rule of law’ in such a short amount of time. Unfortunately, that is not the case as politicians intend to quicken the process of her replacement, viewing it as an opportunity to advance in the upcoming election.

The passing of Justice Ruth Bader Ginsburg

Many in the US are currently mourning the death of the US Supreme Court Associate Justice Ruth Bader Ginsburg. After courageously battling five bouts of cancer for over two decades, she succumbed to pancreatic cancer at age 87, on the 19th of September 2020.

The passing of Justice Ruth Bader Ginsburg has already triggered the process of President Trump’s nomination and the Senate’s voting for her new successor.

The politics behind the Appointment of Justice Ruth Bader Ginsburg’s Successor

A newly appointed justice for the US highest court could serve for life unless they decide to retire. Their decisions will most likely have long-lasting impacts that will shape the US for future generations.

Presently, the five conservatives justices are: Clarence Thomas, John G. Roberts, Samuel A. Alito, Jr., Neil McGill Gorsuch and Brett Michael Kavanaugh and the three remaining liberals are Stephen Breyer, Sonia Sotomayor and Elena Kagan. An additional conservative justice appointed would therefore give the Republicans a very comfortable majority in the judicial branch of power, 6-3; this is viewed by Republicans as too good of an opportunity to waste.

However, back in February 2016, Senate Majority Republican leader Mitch McConnell had refused voting on Barack Obama’s justice nominee because an imminent presidential November 2016 election was only nine months away. He had believed that the “vacancy should not be filled until we have a new president” but it appears McConnel will not be setting this decision as a precedent. Just days after Justice Ginsburg’s death, McConnell announced for President Trump’s nominee to “receive a vote on the floor of the United States Senate” despite the 2020 presidency election due less than two months.

In a North Carolina campaign rally, President Trump has also vowed to nominate a woman who would be revealed by the end of this week, speculated to be between two judges. The first is conservative Judge Amy Coney Barrett, a devout Catholic whose appointment could threaten the landmark case Roe v Wade which legalised abortion with her anti-abortion views as well as same-sex marriage. The latter is Cuban- American conservative Judge Barbara Lagoa residing in Florida and since Florida is a crucial swing state and President Trump is hoping to make up grounds within the Hispanic and female demographic, it isn’t hard to see why Judge Lagoa is being considered.

Unsurprisingly, Biden has urged Republican senators to refuse Trump’s nomination, condemning McConnell’s inconsistent and hypocritical decision as “an abuse of power”. This has had some effects since Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska have also argued against a Senate vote before the election. Biden will need two more swing senators to quash the voting, but it seems highly unlikely at this stage as McConnell has begun locking in Republican votes. It appears Ginsburg's last wish that she “will not be replaced until a new president is installed” as revealed to the public by her granddaughter, will not be honoured. President Trump and Mitch McConnel seem to think that their appointment will be lawful and are both rushing with the nomination.

by Ke Thie Kiew

The Political Battle To Replace Justice Ruth Bader Ginsburg