Who Will Name RBG’s Replacement?
“My Most Fervent Wish Is That I Will Not Be Replaced Until a New President Is Installed”
Ruth Bader Ginsburg
The death of Ruth Bader Ginsburg, one of the liberal jurists on the Supreme Court, so close to the election has thrown both the Senate and the presidential campaign into chaos.
The Democrats want to abide by the so-called McConnell Rule, which states that if a vacancy occurs on the Supreme Court during a president’s last year in office, that vacancy can only be filled by whoever wins the election. The Democrats want to wait until after Biden is sworn in as president so that he can name another liberal judge to fill Ginsburg’s seat.
The Republicans want to abide by McConnell’s new version of that rule which states that if a vacancy occurs on the Supreme Court during a president’s last year in office, if the Senate and the president belong to the same party, then the current president can fill the vacancy. They want to be able to confirm another conservative judge to SCOTUS giving the conservatives on the bench a clear majority on the court for years to come despite the country becoming more liberal.
Trump, of course, wants a clear conservative majority to rule in his favor when he contests Biden’s win in the election.
Everyone seems to be assuming that Biden will win the election.
I don’t think that Biden will win the election just because he is ahead in the polls. I hate to keep repeating myself, but in 2016 Hillary had a clear lead in all of the polls right up until the votes were tallied and Trump won the election. So assuming that Biden will win the election because he has been leading in the polls and is projected to continue to lead in the polls is ludicrous.
In order for Biden to win the election he needs a blue tidal wave, a tsunami of votes. The problem is that he is just not popular enough to pull that off. Granted he is more popular than Hillary was, but he lacks critical voter mass. And the enthusiasm for his candidacy among his supporters is lukewarm at best.
Trump is going to cheat in this election. That is a given. He has slowed down mail delivery so that mail-in ballots will not arrive in time. He is encouraging his supporters to show up at the polls and intimidate voters. The Justice Department under the leadership of Trump lapdog, Bill Barr, is already challenging voting rules in individual states to suppress the vote. After the election, they will be challenging the results of the count of mail-in ballots.
Right now, the Republicans are looking on Ginsburg’s death as a gift. They fully intend to challenge any outcome to the election that results in a Biden win. The ability to confirm a conservative judge to replace Ginsburg will guarantee that any appeal to the Supreme Court will result in a ruling in favor of Trump.
Biden does not have the support to overcome Trump’s cheating. But all is not lost. There is still time to give him that support. Talk to every Trump hater that you know and remind them that a vote for Biden is a vote against Trump. Encourage people to use secure drop boxes to return their ballots rather than trusting them to our gutted post office.
If we do nothing, then Trump will win the election and it won’t matter which version of the McConnell Rule prevails. Trump will be naming the next justice of the Supreme Court.