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Random Thoughts: 2020 SCOTUS Vacancy Edition

Brett Davis

Posted on September 22, 2020 18:47

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Random thoughts on the death of Ruth Bader Ginsburg and the fight to fill the vacant seat on the Supreme Court.

Supreme Court Justice Ruth Bader Ginsburg, 87, passed away on Friday, the first night of Rosh Hashanah. May her memory be a blessing.

The passing of RBG -- as she was affectionately known -- adds yet another layer of drama to a 2020 presidential campaign that certainly has not been lacking in drama.

The nightmare scenario, of course, is the 2020 presidential election somehow thrown to the Supreme Court as is, with the high court deadlocking 4-4.

Contrary to popular opinion among so many progressives, the passing of RBG does not portend the end of the Republic and the ushering in of a "The Handmaid's Tale"-style regime in the United States of America. (Even if President Trump is successful in getting another conservative justice on the Supreme Court, it's a virtual certainty that Roe v. Wade will not be overturned.)

On the controversial issue of nominating and confirming a new justice to the Supreme Court so close to a presidential election, neither Democrats nor Republicans have a monopoly on hypocrisy. But let's not kid ourselves. If the situation were reversed -- that is, Democrats controlled the presidency and the Senate under the same circumstances -- they would try to get a new judge on the nation's highest court.

It's worth noting the so-called "Biden Rule" only applies when different political parties control the presidency and the Senate.

It was allegedly RBG's last wish that she not be replaced on the Supreme Court until the election of a president who is not Donald Trump. That seems to conflict with what she had to say in 2016 about filling a Supreme Court vacancy in an election year.

One wonders why RBG did not step down while Barack Obama was president.

RBG was nominated and confirmed to the Supreme Court in 42 days (1993). Other quick nominations and confirmations include Sandra Day O'Connor, 33 days (1981); John Roberts, 24 days (2005); and John Paul Stevens, 19 days (1975).

Nattering nabob of numbskullery Nadler -- Rep. Jerry Nadler -- put forth the idiotic idea of packing the Supreme Court, which is not something RBG wanted.

House Speaker Nancy Pelosi doesn't rule out impeaching President Trump again to delay his Supreme Court pick. If Democrats follow through on this, it will be further evidence that Democrats don't -- and never did -- take impeachment seriously.

Former Speaker Harry Reid must be kicking himself for going nuclear, as it were, in 2013, and eliminating the filibuster on judicial nominations. Especially given that he was explicitly warned the shoe would be on the other foot one day.

RBG and Antonin Scalia were a great example that true friendship is not predicated on agreeing with each other politically. The late justices disagreed agreeably on matters that came before them on the Supreme Court, knowing there is more to life than politics. Their example is one we should strive for in these divided United States of America.

Brett Davis

Posted on September 22, 2020 18:47

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Source: Bay News 9

Informative and insightful, ?RBG? is a fascinating look at the life, legal legacy, and current popularity of SCOTUS Justice...

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