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| Re: Ruth Bader Ginsburg (1588691) | |||
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Re: Ruth Bader Ginsburg |
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Posted by mtk52983 on Tue Jan 8 07:02:36 2019, in response to Ruth Bader Ginsburg, posted by Train Dude on Tue Jan 8 02:39:28 2019. If Antonin Scalia is any precedent, if she stays alive 13 more months then the Senate won’t have time to confirm a successor and should wait for the results of the 2020 election.The problem with A is that you risk the Supreme Court masquerading political opinion as Constitutional Law and you get a backlash like what happened most recently against the Warren Court. Sure you will have short term gains, but over the long haul 5-4 Courts tend to be more stable especially when there is a legitimate swing voter as the 9th vote. Closely divided SCOTUS ends up being more faithful to Constitution and keeping decisions to the case at bar rather than making sweeping proclamations that may only tangentially relate because the majority is tenuous so they need to make sure that the 5th vote isn’t lost. I also think you are overstating how far to the left you have to go with Option B in order to turn enough Senators around that Democrats are put between a rock and a hard place. Judge Amy St. Eve of the 7th Circuit is a Trump appointee to that position. She was voted out of committee 21-0 and confirmed by the Senate 91-0. At 53 she is still plenty young enough to be on the Supreme Court for a long time. Even though the Democrats will try to obstruct, it will be easy for the Trump Administration to call them out on it. She also has the appropriate bona fides within the Republican Party who might wish to primary Trump because of her work in the Whitewater Independent Counsel’s office and nomination to Northern District of Illinois by George W. Bush. Most importantly she is a woman. Among female swing voters I think there might be some concern if Ruth Bader Ginsburg is replaced with a white Man. |
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