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Ruth Bader Ginsburg's dying wish highlights Trump's Supreme Court hypocrisy


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U.S. Supreme Court Justice Ruth Bader Ginsburg has died. Senate Republicans, don’t make us bury our faith in government along with her.

Ginsburg’s death, and the vacancy she leaves on the Supreme Court, comes at a surreal moment in an already uncanny election. Supreme Court justices are enormously powerful and have lifetime appointments. They wield tremendous power in our democracy but they are not democratically elected. Even in normal times, their deaths or retirements spark a macabre guessing game about who will replace them. But these are not normal times, and the sitting president should not nominate Ginsburg’s replacement.

These are not normal times, and the sitting president should not nominate Ginsburg’s replacement.

If the past is prologue, President Donald Trump, with a shameful assist by Senate Majority Leader Mitch McConnell, R-Ky., will fill the new vacancy on the court with record-breaking speed. McConnell has made clear that he intends to do just that. The Kentucky senator has made confirming federal judges and filling the judiciary with conservative jurists one of his biggest priorities.

 

McConnell and Trump have both made statements praising Ginsburg’s life and legacy. Yet, they stand now prepared to trample it. On her deathbed, Ginsburg said, “My most fervent wish is that I will not be replaced until a new president is installed.”

There are two related questions to ask here. The first is: CanMcConnell and Trump try and push through a nominee before November? The second is: Should they?

The answer to the first question is simple: Yes, legally, they can. But to answer the second, let’s go back a few years to the death of Supreme Court Justice Antonin Scalia, a dear friend of Ginsburg’s, in February 2016, nine months before the 2016 presidential election. Approximately one hour after his death, McConnell announced that the Senate would not hold confirmation hearings for anyone President Barack Obama chose to nominate. McConnell claimed, without any legal basis, that Supreme Court vacancies should not be filled in election years.

McConnell waxed poetic about the importance of letting the American people vote for the person who would nominate the next Supreme Court justice. But, of course, the American people did: They elected Obama for a full four-year term, with all of the rights and duties that come along with the power of the presidency. There was no place on the 2012 ballot that said Obama would serve for three years as a president with the power to nominate federal judges and then relinquish that power in his last year in office.

 

Sequence_01.focal-760x428.jpg

 
 

Now, we have another Supreme Court vacancy, not just in an election year, but in the homestretch of a wrenching election cycle. Approximately one hour after the death of the Supreme Court justice, McConnell said, “President Trump’s nominee will receive a vote on the floor of the United States Senate.” This is breathtaking hypocrisy. And it will likely work.

McConnell has tried to draw a distinction between the vacancy left by Scalia with that left by Ginsburg by saying Supreme Court seats should only be held open when the Senate and the presidency are controlled by different parties. This is not tortured logic; it is not logic at all.

We should at some point just be honest. McConnell is seizing on Ginsburg’s death as an opportunity to solidify the conservative leaning of the Supreme Court for decades to come — as we knew he would. This is about raw partisan power. There is no legitimate explanation beyond that. Sometimes things are exactly as they appear.

 

Until Ginsburg’s death, the Supreme Court was divided 5-4, with conservatives in the majority. Chief Justice John Roberts, the center of the court, went to great lengths last term to try to maintain the integrity of the court and ensure that not all of the blockbuster decisions broke 5-4 along ideological lines. But to quote W.B. Yeats, “the center cannot hold” if Trump nominates someone to fill Ginsburg’s vacancy. The court will almost certainly break quickly and starkly to the right.

What would a Supreme Court dominated by conservatives mean? It will likely mean, among other things, the expansion of gun owners’ rights but the whittling away of protections for voters, women seeking to obtain access to an abortion, LGBTQ Americans seeking freedom from discrimination and immigrants seeking basic rights in this country. Or perhaps to put it in even starker terms: It could soon be a particularly precarious time for women and minorities in America.

To put it in even starker terms: It could soon be a particularly precarious time for women and minorities in America.

The Senate now requires only a bare majority, 51 votes, to confirm a Supreme Court nominee. In fact, McConnell eliminated the filibuster back in 2017 to ensure that Justice Neil Gorsuch, who filled Scalia’s vacancy, was confirmed. So Democrats cannot filibuster to block a Supreme Court nominee. There are currently 53 Republicans in the Senate. Meaning, America, get ready for another Trump nominee on the Supreme Court before Halloween.

If Trump is re-elected, he can and should fill the vacancy. But as it stands, he should listen to the precedent McConnell himself set in 2016, not because this is good precedent but because American democracy depends on politicians of both parties following the rules and fighting fair. This is the only way to maintain the integrity of the Senate and the Supreme Court. Of course, McConnell doesn’t and he won’t.

Related

 

think-newsletter-pencil-stock-ew_d38d244OPINION

In the end, we mourn Justice Ruth Bader Ginsburg not just because of the legacy she leaves behind, but because of what her death means for our country going forward. Her life’s work is likely to unravel and so is the legitimacy of our governmental institutions if Trump and McConnell press on with their plan to fill this seat.

jessica-levinson_6292f9ec19e02096038032b0f5fe586e.focal-100x100.pngJessica Levinson 

Jessica Levinson is a professor at Loyola Law School and the host of the "Passing Judgment" podcast. She is also the director of the Public Service Institute at Loyola Law School, co-director of Loyola's Journalist Law School, and the former president of the Los Angeles Ethics Commission. 

 

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Biden is accused of hypocrisy after saying in 2016 it is the 'constitutional duty' of a president to name a SCOTUS nominee even if it is an election year - as Trump calls on the former VP to reveal his list of candidates

  • Joe Biden claimed in 2016 that it was the 'constitutional duty' of a president to name a Supreme Court nominee even in an election year
  • At the time he criticized Republicans for delaying the process
  • Republican senators were delaying the confirmation of Obama's pick Merrick Garland 
  • Yet on Friday, Biden called for President Trump to hold off on a nomination until after the election on November 3 
  • Trump hit back at a rally on Saturday night accusing Biden of refusing to release his own list of potential nominees
  • He said the former VP was scared of alienating voters

 

https://www.dailymail.co.uk/news/article-8752197/Joe-Biden-said-2016-presidents-constitutional-duty-SCOTUS-seat.html

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1 hour ago, caddieman said:

U.S. Supreme Court Justice Ruth Bader Ginsburg has died. Senate Republicans, don’t make us bury our faith in government along with her.

Ginsburg’s death, and the vacancy she leaves on the Supreme Court, comes at a surreal moment in an already uncanny election. Supreme Court justices are enormously powerful and have lifetime appointments. They wield tremendous power in our democracy but they are not democratically elected. Even in normal times, their deaths or retirements spark a macabre guessing game about who will replace them. But these are not normal times, and the sitting president should not nominate Ginsburg’s replacement.

 
 
 

 

 

If you post a News Article, please post the entire article or AT LEAST the Link to the Article.

 

https://www.nbcnews.com/politics/supreme-court/ruth-bader-ginsburg-s-dying-wish-not-have-donald-trump-n1240507

 

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8 minutes ago, Pitcher said:

Biden is accused of hypocrisy after saying in 2016 it is the 'constitutional duty' of a president to name a SCOTUS nominee even if it is an election year - as Trump calls on the former VP to reveal his list of candidates

  • Joe Biden claimed in 2016 that it was the 'constitutional duty' of a president to name a Supreme Court nominee even in an election year
  • At the time he criticized Republicans for delaying the process
  • Republican senators were delaying the confirmation of Obama's pick Merrick Garland 
  • Yet on Friday, Biden called for President Trump to hold off on a nomination until after the election on November 3 
  • Trump hit back at a rally on Saturday night accusing Biden of refusing to release his own list of potential nominees
  • He said the former VP was scared of alienating voters

 

https://www.dailymail.co.uk/news/article-8752197/Joe-Biden-said-2016-presidents-constitutional-duty-SCOTUS-seat.html

Republicans set the precedent in 2016. Biden/Obama lost that battle. So now precedent means nothing who would have thought that? Think about this with a truly open mind. If Republicans pushes ahead with this I really thing some Republicans could lose their senate seat over it. Their are about 15 Republican senators that are on tape saying the same thing Lindsey Graham said. We are setting a precedent here. You say Trump is going to win in a landslide. You get my point. 

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7 minutes ago, Markinsa said:

If you post a News Article, please post the entire article or AT LEAST the Link to the Article.

He hack's articles like he owns them, He doesn't think about the copyright violation he commits everyday. No respect for the person writing them. But when it comes to respect I'm sure he doesn't know the meaning.

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5 minutes ago, caddieman said:

So now precedent means nothing who would have thought that? Think about this with a truly open mind. I

 

I agree.  It probably should wait but all precedent and common decency got thrown out the window when the ChiDems decided to Spy and Impeach this President with phony Dossiers and abuse of the FISA.

 

The ChiDems have no one to blame but themselves.  

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Just now, yota691 said:

Looking at the Link the above isn't even the title of original article.  It is 

 

 

When you go to the link I provided the Topic Title is at the top of the article.  He was also missing the actual quote from the granddaughter which is in the article.

 

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3 minutes ago, Markinsa said:

 

.

 

Are you saying @yota691 is lying, or you don't know how to post?

No I’m saying that I always put the link in. But there are times I forget so I try and go back and get the link in there. First you only have so much time to edit. Second I knew I did it on the above article but with the new update the old edit button was moved. I didn’t know it was moved to the top under the three dots. Pitcher helped me out. 

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Just now, caddieman said:

No I’m saying that I always put the link in. But there are times I forget so I try and go back and get the link in there. First you only have so much time to edit. Second I knew I did it on the above article but with the new update the old edit button was moved. I didn’t know it was moved to the top under the three dots. Pitcher helped me out. 

 

I understand.  If you get to the point where you can no longer edit, and forget the link, please report the post and provide the link in the report and the moderating staff will add the link to your post.

 

.

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3 hours ago, caddieman said:

On her deathbed, Ginsburg said, “My most fervent wish is that I will not be replaced until a new president is installed

This very statement is exactly why Trump should move to "INSTALL" another Justice. Ginsburg, considered by the crybabies on the left, of being one of the smartest women on earth doesn't even understand that with the Constitution President's are elected, NOT INSTALLED. 

And now the Democratic Communist party demands that we hold her life in high regard. Well not me, people like RBG have done more to destroy America than any Communist country could dream about. And that doesn't say anything about the 65 million dead babies blood on her hands. Holding a powerful position does not automatically grant the holder of said position greatness. 

 

RBG is a traitor to the Constitution and a RUTHLESS murderer of babies by her votes and inaction. 

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2 hours ago, caddieman said:

Republicans set the precedent in 2016. Biden/Obama lost that battle. So now precedent means nothing who would have thought that? Think about this with a truly open mind. If Republicans pushes ahead with this I really thing some Republicans could lose their senate seat over it. Their are about 15 Republican senators that are on tape saying the same thing Lindsey Graham said. We are setting a precedent here. You say Trump is going to win in a landslide. You get my point. 

Republicans didn't set any precedent at all. They did what they were sent to do, play politics. 

You just don't like it when the game is against you. I'd bet good money that as a kid when you were loosing the game you grabbed your ball and stomped home complaining that the other boys weren't playing fair. :lmao:

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