As many may know, supreme court justice Ruth Bedar Ginsburg passed away at 87 years old on September 18, 2020. RBG was known for her successful career of fighting for equal rights. In addition to this, she was only the second woman to serve as a justice. She was appointed by Bill Clinton in 1993 and was “well qualified” by the Supreme Court Historical Society. One of her endearing qualities is that she had a strong view that the constitution is a living document and changes over time. Unfortunately, she was diagnosed with early stage pancreatic cancer in 2009 and taken by the disease on September 18, 2020. Her dying wish was “I will not be replaced until a new president is installed.”
What is a supreme court justices job? The supreme court and its justice act “as the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution.” Supreme Court
With RBG’s dying wish comes complications. As much as RBG was a constitutionalist, no where in the constitution does it say that the sitting president must wait to select a nominee to fill the seat; in fact, the constitution says its the presidents duty to select a nominee to fill the seat. It says in article II section 2 of the constitution that the president, with advice and consent of the senate, will be able to appoint a justice. Many people including democratic candidate Joe Biden have claimed that this has never happened before and we should wait until a new president is installed.
This is not the first time that this has happened. In the last year of Obama’s presidency a seat opened to replace Antonin Scalia and Obama selected Merrick B Garland. This nomination failed however and left the seat open to President Trump.
Who is Amy Coney Barrett? ACB is 48 years of age and recently nominated by President Donald Trump to fill Ginsburg’s supreme court justice seat. Mrs. Barrett graduated top of her class in english at Rhodes College and top of her law school class at Notre Dame. She has seven children with two being adopted from Haiti and she is a practicing Catholic. One of the leading issues the democrats are questioning is if ACB’s faith would get in the way of her rulings. The hearings went very well for ACB. During the second day of her hearing she was asked by Sen. John Cornynd, “… can you hold up what you’ve been referring to in answering our questions?” . Mrs. Barrett then held up a blank notepad with the only text on it being the United States Senate. The major news organizations from CNN to Fox, along with many Americans, have agreed that this was more than impressive seeing that all the other senators had binders full of notes and she was referencing everything from her mind.
CNN has reported that if this was a different time and different republican president, that Amy Coney Barrett would easily win the nomination. She ended up winning the vote 52-48.
Whether you like Donald Trump or not, there is no doubt that nominating Amy Coney Barrett was both contested and popular – depending on your point of view. One thing is for sure – Ruth Bader Ginsberg would not be happy with what happened.