Supreme Court Justice Ruth Bader Ginsburg passed away on Friday, Sept. 18 from complications due to metastatic pancreatic cancer. Ginsburg was 87 years old. Nominated by former President Bill Clinton, she served as a justice on the Supreme Court from 1993 until her death. She was the first Jewish judge to serve as well as the second female judge.
While mourning Ginsburg’s death, people are also taking the time to reflect on her important voice and influence during her time as a justice.
“She was a lifelong champion of gender equality and social justice,” professor of political science and department of politics, philosophy and legal studies Dr. April Kelly-Woessner said. “She is credited with shaping the court and public opinion on the rights of same-sex couples to marry. She is sometimes best known for her pointed and compelling dissents, however, which often shaped public discourse even when she was on the losing side of a decision.”
Ginsburg had cancer five times in the past two decades, including pancreatic, lung and colon cancers, yet she continued her duties as a Supreme Court justice.
“She was a woman of principle who clearly felt she was performing an important public service in protecting people’s civil rights and liberties. I think that kind of sense of purpose drives many people to continue their work, even when it is difficult to do so,” Kelly-Woessner said.
However, there has been controversy about President Donald Trump nominating another judge to replace Ginsburg. In early 2016, conservative Justice Antonin Scalia passed away, but Republican Senate Majority Leader Mitch McConnell blocked former President Barack Obama from filling the seat with nominee Judge Merrick Garland. He argued that an appointment during an election year would be invalid because “the people” would not be able to weigh in. However, McConnell has reversed this decision, allowing Trump to fill the Supreme Court vacancy before the 2020 election.
“In both cases, one of the more ideologically extreme judges would be replaced by a president of the opposite party and ideology, thus shifting the balance of power on The Supreme Court considerably,” Kelly-Woessner said.
If Trump successfully appoints a new judge, the Court would lean in favor of conservatives, which would have considerable influence on issues such as women’s and civil rights.
On Saturday, Sept. 26, Trump nominated Judge Amy Coney Barrett as his replacement for Ginsburg on the Supreme Court. Barrett currently serves on the 7th Circuit Court of Appeals for which Trump nominated her in 2017. If appointed, she would be the fifth woman to serve on the Supreme Court, joining female contemporaries Sonia Sotomayor and Elena Kagan.
Barrett has a strong conservative record on issues such as reproductive rights, gun control and immigration. Her Catholic faith also draws support from religious conservatives. At 48 years old, she would be the youngest justice in the current Court, and she could potentially influence Supreme Court decisions for a generation.
“Potentially, the Barrett nomination means big changes in law and policy,” professor of political science Dr. Fletcher McClellan said. “We could see more restrictions on reproductive freedom and LGBTQ rights, not to mention the repeal of Obamacare. Government regulations over the environment are likely to be lifted as well. If the Democrats sweep the November elections, the stage is set for constitutional clashes we haven’t seen since the 1930s.”
A Supreme Court nomination only needs a simple Senate majority, or 51 votes, to be appointed. However, the average confirmation takes about 70 days from the announcement of the nomination, and Ginsburg passed away 46 days before the 2020 presidential election. Democrats in the Senate are hoping to obstruct the process until election day.
Former Vice President and Democratic presidential nominee Joe Biden declared that if he wins the upcoming election, Trump’s nomination will be withdrawn.
On Saturday, Sept. 26, Republican Senate Judiciary Chairman Lindsey Graham announced that Barrett’s confirmation hearings are scheduled to begin on Monday, Oct. 12. He hopes that Barrett will have the judiciary committee’s approval by Monday, Oct. 26, 8 days before the 2020 presidential election.
