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RBG's Death Will Have Profound Impact on Supreme Court

Christopher Frawley Christopher Frawley
Politics
21st September 2020
RBG's Death Will Have Profound Impact on Supreme Court
Ginsburg's passing will be momentous to the U.S. legal system (Getty Images).

The Claim

The passing of Ruth Bader Ginsburg will have a profound effect on the future of the Supreme Court.

Emerging story

After Ruth Bader Ginsburg’s passing on September 18, 2020, many discussed whether her death would have a lasting effect on the future of the Supreme Court.

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Misbar’s Analysis

After Ginsburg’s death, Senate Majority Mitch McConnell released a statement that paid respect to the deceased justice. The statement then demonstrated that McConnell is determined to replace Ginsburg’s empty seat. The duty of nominating new Justices for the Supreme Court falls on the President and must be ratified by the Senate. In his statement, McConnell said: “President Trump’s nominee will receive a vote on the floor of the United States Senate.”

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McConnell’s words have been controversial for many. Following the death of Justice Antonin Scalia in 2016, President Obama selected a candidate for his replacement. However, Obama’s replacement (Merrick Garland) never became a Justice.

McConnell and other Republican Senators would not hold any hearings on the potential new Justice. Their reasoning was that the people ought to choose the next Supreme Court Justice by proxy through the upcoming presidential election. That election came and went, with Donald Trump winning and eventually appointing Brett Kavanaugh as the next Justice.

Now, with less than two months until the next presidential election, the stakes are high. McConnell and the Republican-controlled Senate will likely face public backlash if they announce a new Justice. Still, the move would be a huge political win for conservatives, considering the position of Justice is a lifetime appointment. Another conservative Justice would put the court at a six-to-three ratio in their favor. With such a paradigm shift, conservative causes (such as repealing abortion rights, and loosening gun control laws) would receive a potentially game-changing boost.

Ginsburg's passing will have a profound effect on the Supreme Court, no matter what happens with her replacement.

Misbar’s Classification

True

Misbar’s Sources

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