Ruth Bader Ginsburg, 1933–2020

in #scotus4 years ago (edited)

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Justice Ruth Bader Ginsburg, Champion Of Gender Equality, Dies At 87

Justice Ruth Bader Ginsburg, the demure firebrand who in her 80s became a legal, cultural and feminist icon, died Friday. The Supreme Court announced her death, saying the cause was complications from metastatic cancer of the pancreas.
The court, in a statement, said Ginsburg died at her home in Washington surrounded by family. She was 87.
"Our nation has lost a justice of historic stature," Chief Justice John Roberts said. "We at the Supreme Court have lost a cherished colleague. Today we mourn but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her, a tired and resolute champion of justice."

And now the gloves come off.

Republicans who argued so vociferously that, oh no, it’s just wrong to fill a Supreme Court seat in an election year will surprise, surprise suddenly argue vociferously “Oh, no, that’s not we meant. Not at all. After all, Merrick Garland had been nominated by a Kenyan. This is completely different.”

Mitch McConnell will of course be a mealy-mouthed weasel, as is his nature.

So Trump will of course nominate some Federalist Society troll and it’ll be rammed through Congress faster than one-legged man in an ass-kicking contest.

Then it gets interesting.

Let’s assume that in the upcoming election Trump gets his ass kicked by that busy one-legged man. Let’s further assume that Democrats gain a slim majority in the Senate. In such a scenario, there will be a lot of Democrats out for blood. The Senate filibuster rule would almost certainly be tossed out. And there would be very, very strong pressure from the grassroots, and not just the progressive wing of the Democratic Party, to enlarge the Supreme Court to 11 seats. There is after all nothing sacrosanct about a 9-member court. Nine seats is mentioned nowhere in the Constitution. The number of seats for SCOTUS is determined by Congress, and it’s changed several times. The Supreme Court has had as few as six seats, and as many as ten.

Trump and McConnell of course have a million reasons to want to appoint/confirm a new Justice ASAP. But if they do so, it may come back to haunt them.

In related news, Late Supreme Court Justice Ruth Bader Ginsburg's 'fervent' last wish was that she 'not be replaced until a new president is installed'

Edit: Oh this is interesting, particularly the timing. McConnell needs 51 votes, and there are 53 Republicans in the Senate. But it looks like they’re already down to having just 52 votes:

https://www.alaskapublic.org/2020/09/18/alaska-senator-murkowski-said-friday-she-would-not-vote-for-a-justice-ahead-of-election/

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Admirable a su edad todavía aportaba mucho conocimiento.

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The only good leftist, is a dead leftist

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