Selective: RBG's Dying Wish

21st September 2020

There is no evidence either way (Getty Images).

The Claim

In a statement dictated to her granddaughter, U.S. Supreme Court Justice Ruth Bader Ginsburg said: "My most fervent wish is that I will not be replaced until a new president is installed."

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Chuck Schumer

John Fugelsang

Emerging story

Following the death of U.S. Supreme Court Justice Ruth Bader Ginsburg on September 18, 2020, a debate over whether her replacement should be named before or after the 2020 presidential election began to take over social media. Since Justices of the Supreme Court are appointed by the president and confirmed by the U.S. Senate, the process for replacing Justices is a very partisan issue. Rumors started circulating that the late Supreme Court Justice had dictated to her granddaughter that she wished not to be replaced “until a new President is installed.”

A screenshot of a cell phone

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Misbar’s Analysis

Misbar’s investigation found that NPR reported that Ginsburg’s final statement, dictated to her granddaughter, Clara Spera, was: “My most fervent wish is that I will not be replaced until a new president is installed.”

This statement echoed out across social media and was cited by multiple senators and congressman. However, President Trump told Fox News during an interview that he wasn’t so sure that the statement was made by the last Supreme Court Justice, saying, “I don't know that she said that, or was that written out by Adam Schiff and Schumer and Pelosi. I would be more inclined to the second... But that sounds like a Schumer deal or maybe a Pelosi or Shifty Schiff.”

Misbar could not find any validity to the President’s claim. However, there is also no available evidence, such as a video or signed document, to verify Spera’s claim about Ginsburg’s dying wish. As such, we rate Ginsburg’s alleged dying wish as selective.