Associate Supreme Court Justice Ruth Bader Ginsberg passed away peacefully surrounded by her family. My she rest in peace.
All the hyperbole, hypocrisy and animus that abound are disguising one simple fact. Supreme Court Justices, at least the non-activist ones, are legal scholars that understand the Constitution and believe in its role in America.
Justice Ginsberg was completely aware that whoever succeeded her would be similar. I believe that is why she refused to retire when asked to by the Obama administration. I believe she thought Mrs. Clinton was going to win the Presidency in 2016 and did not anticipate dying during a Republican Presidency and was willing to take that risk. That is water under the bridge and here we are.
President Trump has made it very clear that he will nominate a candidate for the empty seat on the Supreme Court as soon as the final rights and respects for RGB are completed.
All this talk of a Trump Court or a 6-3 court or a conservative court misses the mark entirely.
First, the rhetoric puts Chief Justice Roberts on the right side of the ledger. Wrong. How many times has he sided with the 4 liberal Justices? I don’t know the count, but it has happened often enough to make him the wildcard. I am sure who ever fills the seat will not change that. Roberts cannot be pigeon holed judicially. So take him out of the counts.
Second, even the newest Associate Justice, Brett Kavanaugh, rules as guided by the facts, the Constitution and the argument. He has already proved that he is not a slave to the right or conservatives. In fact he has already sided with the liberals in a recent decision that disappointed many supporters. An additional thought. After what he went through in the confirmation kangaroo process, the attacks and slanderous accusations on his character it would be no surprise if he looked to avenge himself and rule against the party that so desired to harm him. But, he has not, and I offer that from early decisions he will remain true to the Constitution.
Third, RGB was an activist Justice and went as far as she could possibly go in support to many liberal and progressive causes. Yes, she was a champion of women’s rights and built a legacy on that. Her decisions were sometime tortured to achieve her goal and quite often she was able to prevail on enough other Justices to agree with her. The dissenters limited their opposition to the law and dared not cross the line to attack her judicial scholarship or person.
Fourth, historically, the highest court has always been accused of being this way or that with a political ideology. From early in the republic to today the same arguments are voiced. It just depends what party is in power at the time.
Fifth, no matter what happens at this juncture it will only have the briefest of import to the public. Main Street USA does not care. Oh, they might for the hot moment, because they are being told this is the most monumental issue of the day but there only genuine focus is who will be in the White House for the next four years. SCOTUS has an impact that is not felt immediately, but over time can influence the course of the United States but every day Americans generally are unaware of how the decisions handed down affect their lives.
Inside the beltway, in the pundit’s circles and for the cable TV junkies the nomination and seating of a new Supreme Court Justice is a cause de jour. For the Democrats it is Pork Chop Hill and the Republicans Iwo Jima. Both sides are prepared to battle, aggressively, abusively, and figuratively to the death to prevail.
I am not trying to diminish the importance of the nomination or the historical importance of how the process plays out, but I am saying that in reality the nomination and approval important as it is, may not be the be all and end.
Of course, I hope the President proceeds with haste to fill the seat with a quality jurist. We all expect that no matter who that might be they will be assailed as draconian in their beliefs and that they will in fact repeal Roe v. Wade, Obamacare and overturn activist decisions of the past and thereby destroy the Constitution, the rule of law and kill the democracy. Brett Kavanaugh 2.0 is on the horizon.
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