When 87-year-old Supreme Court Associate Justice Ruth Bader Ginsburg [RBG] died today of pancreatic cancer, 78-year-old Senate Majority Leader Mitch McConnell (R-Ky.) jumped all over the possibility of getting another conservative supreme court justice. McConnell didn’t have the dignity or courtesy of those grief stricken of RBG’s death to hold off on the egregious political considerations, signaling he would try to push ahead to fill the vacancy as soon as possible. McConnell made a very different statement early in 2016, also an Election Year, telling former President Barack Obama that he would not take up his pick of 67-year-old D.C. Appellate Court Chief Judge Merrick Garland to replace deceased conservative justice Antonin Scalia who died Feb. 12, 2016. McConnell said at the time that it’s only appropriate to let voters decided on Nov. 3, 2017 who would replace Scalia.
A Great champion of women’s rights and gender equality, RBG became an icon after the release of “RBG” May 4, 2018, nominated for best feature documentary. Ginsburg’s life was charmed after she was elevated to the Supreme Court from the D.C. Court of Appeals by former President Bill Clinton August 10, 1993. Ginsburg became the liberal beating heart of the court for the last 27 years, no apologizing to her conservative colleagues on the court for fighting like a tiger for women’s and gender rights. When Scalia died Feb.12, 2016, it surprised many to find out that the soft-spoken but fiercely independent Ginsburg was closest to the High Court’s most conservative jurist, Antonin Scalia. Ginsburg’s close friendship with Scalia spoke volumes for her character, whatever her ideology. Senate Majority Leader Chuck Schumer (D-.N.Y.) reminded McConnell what he did in 2016.
Given what a big deal McConnell made of denying the incumbent of a Supreme Court appointment during an Election Year in 2016, it’s inconceivable that he would push ahead to railroad a pick until after the Nov. 3 presidential election. “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,” Schumer said, quoting McConnell verbatim in 2016. Violating his own standard would undermine any principle of civility long-part of the Senate’s history as the “worlds most deliberative body”—no doubt undermining his reelection. While it’s possible to railroad a pick between now and the Jan. 20 inauguration, it would be a slap in the face to voters, especially those sitting on the fence before the election. Politically, it would give Democrats everything they need to defeat Trump.
McConnell should let the dust settle for a while after Ginsburg’s death before making a rash decision. Any battle to push a Supreme Court pick across, given what happened in 2016, would hurt Trump’s chances of reelection.. Forcing the Senate’s hand would alienate not just Democrats but Republicans fighting to hold their seats. No one knows what the composition of the Senate after the Nov. 3 election. McConnell could be be out as Majority Leader, ushering in Schumer. But whatever happens after Nov. 3, what would happen before the election with a pitched fight would rob Trump of the momentum needed to win the election. No reasonably-minded undecided voter would take McConnell’s attempt to railroad a Supreme Court pick lightly, giving Biden the edge heading into November. Forcing the pick would dominate the headlines, undermining both he and Trump.
Unless Republicans are willing to surrender the presidency and Senate majority, McConnell should follow the same advice he applied to Obama in 2016 Any attempt to railroad a replacement for Ginsburg before the Nov. 3 would turn undecided voters away from Trump. It would reinforce Democrat and media’s narrative that Trump runs a fascist presidency, whether it’s true or not. Playing hardball with Ginsburg’s seat would turn off so many hard-working Americans who, above all else, believe in fairness and playing by the rules. No matter what’s at stake in McConnell’s mind, he must follow his own standard applied to Obama in 2016. It doesn’t matter what the composition of the court, what matters is that things are done fairly, not thumbing his nose at the precedent set by the McConnell in 2016. If McConnell wants to sabotage Trump’s election, he’d go ahead to confirm Ginsburg’s replacement.
Even President Trump was floored when he heard after his rally in Bemidji, Minn., that RBG passed away. Her hospitalizations and radical life-saving treatments were in the news for months with most people praying for her health. But Republicans and Democrats knew the day would come when they’d say good by to the High Court’s champion of women’s and gender rights. “She just died? Wow. I didn’t know that,” Trump told reporters after his speech. “She led an amazing life. What else can you say? She was an amazing woman, whether you agree or not. She was an amazing woman who led and amazing life,” Trump said. “President Trump’s nominee will receive a vote on the floor of the United States Senate, ”McConnell said, not realizing how his actions could sabotage his and Trump’s campaign. Before it’s too late, Trump and McConnell should think this through.
