When 87-year-old Supreme Court Associate Justice Ruth Bader Ginsburg [RBG] passed away yesterday from pancreatic cancer, no one imagined all the repercussions to follow before she’s laid to rest. While thousands of her admirers lit candles and laid flowed on the steps of the Supreme Court, 74-year-old President Donald Trump and 78-year old Senate Majority Leader Mitch McConnell (R-Ky.) were busy dealing with the political fallout, especially if there’s a backlash for pushing a nominee through before the Nov. 3 election. But unlike four years ago when McConnell would not consider former President Barack Obama’s pick 67-yar-old D.C. Court of Appeals Chief Judge Merrick Garland, times have changed. McConnell pointed out that it’s different today because the GOP controlled the presidency and the Senate, where in 2016 Democrats controlled the House and White House.
Getting a new nominee approved would require 51 votes in the Senate, a simple majority, not as easy as Trump or McConnell hoped, given opposition from 67-year-old Sen. Susan Collins (R-Maine) and 63-year Sen. Lisa Murkowski (R-Alaska), both of whom stated they oppose approving a nominee this close to an election. With Democrats holding 47 Senate seats, Republicans can only lose three with 61-year-old Vice President Mike Pence casting the tie-breaking vote. Whether Collins and Murkowski jump ship and oppose moving a nominee forward before the election is anyone’s guess. Both have been on record opposing the process. But times have changed, with 72-year-old former Secretary of State Hillary Rodham Clinton urging 77-year-old former Vice President Joe Biden to not concede no matter what. “Joe Biden should not conceded under any circumstances . . . “ Hillary said Aug.. 26.
Biden announced Sept. 16 that Democrats are assembling an army of election law attorneys led by former Obama Atty. Gen. Eric Holder to fight any protracted result on Nov. 3. With legal challenges like that, Trump, McConnell and the Republican Party have no choice but to move ahead with a nominee in the time before the election. Without restoring the court of a nine-members, there’s a distinct possibility that the court could hang four-to-four, unable to render a verdict on the election’s outcome should it be contested. Judging by what Hillary said, there will be a dispute, telling Biden to not concede “under any circumstances.” With the possibility of a constitutional crisis, Collins and Murkowski may have to recalculate their initial decision to oppose a nominee before the Nov. 3 election. Without a nine-member court, the nation could face a constitutional crisis after the election
Trump’s best argument for nominating Ginsburg’s replacement in a timely manner has to do with Democrats’ open pledge to fight the outcome of any election result. Without a nine-member court, the High Court could be hopelessly deadlocked, hurting U.S. national security. There’s simply no way in a contested election without resolution in the courts that the U.S. can proceed in an orderly manner. Sen.. Chuck Grassley (R-Iowa) said he would not bring a nominee to the Judiciary committee so close to an election. But with all the new constitutional concerns, Grassley would likely support Senate Judiciary Chairman Lindsey Graham’s (R-N.C.) decision to process a replacement for RBG at the earliest possible time. Hillary’s public remarks, and, most importantly, her ongoing clout in the Democrat Party, makes Trump’s decision to nominate a replacement an urgent matter.
Sen. Chuck Schumer (D-N.Y.) blasted McConnell for suggesting he’d deviate from his position blocking Obama from processing a nominee in 2016. But as McConnell explained, it’s an entirely different situation today, with a Republican president and Republican Senate. More importantly than that are Democrats stated warnings that they will not accept the outcome of the 2020 presidential election, assembling an army of attorneys to fight the result. “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president,” McConnell said Feb. 12, 2016, hours after Associate Justice Antonin Scalia died. Comments by Hillary and Joe force Trump’s hand to appoint Ginsburg’s replacement. All arguments about what happened four years ago are superseded by Democrat threats.
In more predictable times, Trump and McConnell should let the people and next president choose the next Supreme Court Associate Justice. But based on Hillary telling Democrats that Biden should not concede “under any circumstances” and Joe assembling an army of attorneys to fight the outcome if Joe loses, Trump and McConnell have no choice but to move swiftly to confirm Ginsburg’s replacement. Republicans that once agreed in principle that Supreme Court picks should be deferred to the next president, no longer applies now that a Battle Royale has been set up to contest the Nov. 3 election. “The most difficult months in a generation are now upon us. Pray that God protect out country and provide wisdom to our people,” said Sen. Marco Rubio (R-Fl.) fearing that street unrest could get much worse before the election. Democrats pushed the GOP to take a hard line.
