Last night, we received the sad news that Supreme Court Justice Ruth Bader Ginsburg passed away at the age of 87 from complications of pancreatic cancer. She was an amazing woman with a remarkable record of achievements, overcoming the discrimination she faced as a woman, a mother, and a Jewish person. As a lawyer, she argued landmark sex discrimination cases before the Supreme Court, winning five of the six cases she presented. One of her keys to success was that some of those cases were brought on behalf of men who suffered lack of access to careers or benefits that were ascribed to women, for example, allowing men to study nursing. This was able to reach the all-male justices in a way that a case brought on behalf of women did not. It was a way in to address the injustices of sexism.
As a judge and then in 27 years as a justice, Ruth Bader Ginsburg was a strong voice for equal justice under the Constitution, regardless of race or gender. As the Court became more and more conservative, she was well-known for her well-reasoned, cogent, and accessible dissents, many of which may be the basis for reversals over time, as we have seen with some infamous Supreme Court decisions in the past.
Millions of people around the country are sad, but also terrified. The terror is that Ruth Bader Ginsburg will be replaced this year by the current president, even though the election is only six weeks away. This totally flies in the face of what Senate Majority Leader Mitch McConnell did in 2016, when conservative justice Antonin Scalia died unexpectedly ten months before the election and he refused to even have hearings to vote on Merrick Garland, who was nominated by President Obama. He said that the people should have a voice in the selection through their presidential choice. The Supreme Court had to operate for over 400 days with only eight justices. Even more scandalously, there was the threat that if Hillary Clinton had won, McConnell would still not have allowed a Court nominee to be voted on in the Senate. It’s such an abuse of power.
Which brings me to the “-tion” word that popped into my head, compunction. In the midst of the mourning that immediately followed the announcement of Ruth Bader Ginsburg’s death, McConnell announced that Trump’s nominee would receive a vote in the Senate. That he had no compunction in doing so is appalling. The level of hypocrisy and the naked abuse of power is off the charts.
I am hoping that a significant number of Republican senators will stand up and say that they will not vote on a nominee under these rushed and suspect circumstances. Senator Lisa Murkowski of Alaska said last night that she would not vote on a nominee, saying “fair is fair.”
I wish I could say that I am shocked that McConnell also had no compunction in releasing his statement on a replacement right after news of Justice Ginsburg’s death broke, but he acted similarly after Justice Scalia’s death. I hope that we can focus on RBG’s legacy and life in the coming days, not the political and partisan circus that McConnell has unleashed.
Linda’s prompt for Stream of Consciousness Saturday this week was a word that ends with -tion. Join us! Find out more here: https://lindaghill.com/2020/09/18/the-friday-reminder-and-prompt-for-socs-sept-19-2020/