What’s Next After the Passing of Ruth Bader Ginsburg

It is a sad day when someone that did so much to help the world passes away. That is the feeling everyone has at the news of the passing of Supreme Court Justice Ruth Bader Ginsburg.

It’s unlikely to ever find another human on earth that you agree with on every single topic. I mean, I disagree with my wife about dinner pretty often and we’re still happily married.

That means, it’s no secret that Ginsburg had people she agreed and disagreed with. In fact, it was kind of her job to always stand up for what was right, even if it wasn’t the most popular opinion. That means Mrs. Ruth Bader Ginsburg is a certified badass.

She didn’t always have the most popular opinion, but she always stood by what she believed was right and that is admirable no matter if you agreed with what she was saying or not.

She overcame having her older sister and mother die when she was young. She then went to Cornell for her Bachelor’s degree and on to Harvard for law school. That is again incredibly impressive. To stack on top of that though, she was a mom BEFORE going to law school. Because we’re not ignorant, we know that being a mom is hard work. Now being a mom AND going to law school is downright incredible. 

She had some debates I vehemently disagreed with her stance on, but she also had some that I was a strong supporter of her stance. That’s just how it goes sometimes though. 

Ginsburg was nominated into her seat on the Supreme Court by President Bill Clinton in 1993. She held that seat until her passing on September 18, 2020. 

Our thoughts and prayers go to the Ginsburg family and friends.

What’s Next: The Process

Supreme Court Justices are appointed for life. They can’t be voted out. If the new judge isn’t what was expected, the only way they can be taken off the Supreme Court is through death or retirement. 

In the case of Ruth Bader Ginsburg, she passed away. So, now there is a vacancy on the Supreme Court. Next up, is the hard part for the government: confirming a new Supreme Court Justice.

The process is pretty complex. It begins with the President nominating a new Justice in accordance with Article 2, Section 2, clause 2 of the United States Constitution that says the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court.”

For this situation, Justice Ginsburg passed away, so President Donald Trump will be able to nominate a new judge. 

The nomination is then submitted to the Senate.

The Senate typically (typically means every nominee since the Civil War) will refer the nominee to the Senate Judiciary Committee. This committee will then perform their own background check, question, and put the nominee through the ringer to decide whether they like them or not. 

At the same time, the American Bar Association’s Standing Committee on the Federal Judiciary will check the professional qualifications of the nominee. They will state whether the nominee is “well-qualified,” “qualified,” or “not qualified.”

Next, the Judiciary Committee will hold hearings for the nominee and some supporters. Ever since 1946 these hearings have been public. That doesn’t mean that is required, just that it is the current precedent. 

The Judiciary Committee will then report their results to the rest of the Senate saying it’s either favorable, negative, or simply a recommendation without favor or negativity.

At this point, the Senate will start the debate for the nominee. Since the majority party controls the agenda, they will decide when the debate starts. There is no limit to the time of the debate, so it’s possible for a filibuster to take place here. The Senate’s Majority and Minority leaders will eventually convene and decide on a set time to end the debate and 60 senators must agree to end the debate. Once the debate ends, the vote begins. A majority of senators must be in favor for the Justice to take the seat. 

The new Justice usually takes two oaths before beginning their tenure: a Constitutional oath like members of Congress as well as a judicial oath. 

The entire process typically takes a little over 2 months.

What’s Next: Republicans

For the Republicans, this couldn’t have come at a more crucial time. 

Ruth Bader Ginsburg began as a more moderate judge, but ended up leaning more and more liberal as time went on. 

I don’t want this to come off insensitive, but now is the time for the Republicans to start garnering more power in the Supreme Court. 

With a liberal judge no longer sitting on the Court, the Republicans should take the opportunity to nominate a more conservative judge. 

President Trump has come out already and said that he will “most likely” nominate a woman and that he wants the process to go quickly. 

The Democrats in the Senate will hang tight onto the idea that it’ll take longer than just 45 days for the new nominee to be brought on. They will try to do the same thing that the Republican senators did for President Obama’s nominee in 2016. 

Since the Republicans hold the majority of power in the Senate, they have the advantage of getting President Trump’s nomination approved as quickly as possible. This would help with some conservative political ideals, such as maintaining the 2nd amendment. 

However, the Dems will continue to try and stall in hopes that Biden will win the upcoming election and get a new nominee.

What’s Next: Democrats

The Democrats really don’t have many options here. Ruth Bader Ginsburg was an excellent judge that really helped their liberal cause on some decisions. 

They really only have one move at this time: once the nomination goes to debate, stall.

They will continually stand behind the idea that it’s the exact same thing that happened with President Obama’s nomination in 2016. 

In defense against this argument is that President Obama had no shot at reelection because it was his second term and he wasn’t going to be attempting a third. President Trump has been improving the economy in spite of the COVID-19 pandemic AND he did something unprecedented in world history by helping broker a peace deal between Israel and Bahrain. All of this greatly helps his odds at reelection.

That and that fact that Sleepy Joe refuses to do anything worth anything. He’s even admitted to the administration being Kamala Harris’s administration if he wins. He’s just the face to get the truly racist Democrats that simply vote Democrat because that’s what they’ve always done to vote Democrat again. 

The Democrats really can only delay the inevitable though. Even if they are able to hold off the nomination until the election, it doesn’t look good for them. On top of that, let’s pretend Sleepy Joe somehow does take the election, the Senate is controlled by Republicans. That means it could be a total stonewall of the Supreme Court nomination until the Republicans get what they want. 

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