RIP Ruth Bader Ginsburg

image courtesy of opinionjuris.com

BY GEORGE ROSE, ELEANOR RAINE, AND SAM BEVINS ‘21

On Friday, September 18th, 87 year old Supreme Court Justice Ruth Bader Ginsburg passed away due to complications from metastatic pancreatic cancer. As the second female and first Jewish female Justice, Ginsburg dedicated her life to the fight for equal rights. Before being appointed Justice in 1993, RBG worked extensively with the Women's Rights Project, winning five out of six of the landmark gender equality cases she worked on. She aimed to eliminate legal barriers that held women back in the workplace and civic life. RBG worked towards the respect of women as property holders when she helped write the ACLU brief in Reed vs. Reed, a case argued before the Supreme Court that involved discrimination against women in awarding the administration of a child’s estate. The Court struck down the state law that favored men over women as estate administrators.

Once appointed Supreme Court Justice by the Clinton administration, Ginsburg only furthered her work in the 27 years she served on the Supreme Court. She fought for equal access to education for women, same sex marriage legalization, and disability rights. At the same time, she sought to dismantle gender-based workplace discrimination, voter discrimination, and many more issues on her path towards equality. As Former President Barack Obama stated, “Justice Ginsburg helped us see that discrimination on the basis of sex isn't about an abstract ideal of equality; that it doesn't only harm women; that it has real consequences for all of us. It's about who we are—and who we can be." In the words of Justice Alito, “[Ginsburg] will be remembered for her intelligence, learning, and remarkable fortitude. She has been and will continue to be an inspiration for many.”

While it is essential that our country takes some time to remember the inspiring life of Justice Ginsburg, senior members of the Republican party quickly vowed to hold a vote on the senate floor to confirm the next justice before the presidential election. Said Senate Majority Leader Mitch McConnell, who is up for re-election in 2020 as well, "President Trump's nominee will receive a vote on the floor of the United States Senate." President Trump, too, has expressed his desire to vote on a nominee before the election, perhaps because he sees the potential addition of a third justice to the court as a path to a second term. Republican Senators Lisa Murkowksi (R-AK) and Susan Collins (R-ME) have come out with statements saying that they will not vote on a nominee until after the November election, but two more Republican Senators would need to follow in Murkowski and Collins’ footsteps in order for the appointment to not go through. But let’s take a minute to think back to the last time a supreme court justice died in the final year of a presidency. 

In 2016, when President Barack Obama nominated Merrick Garland for the Supreme Court nine months before the election, Senate Republicans refused to hold a vote on the senate floor. Said South Carolina Senator Lindsay Graham at the time: “I want you to use my words against me. If there's a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let's let the next president, whoever it might be, make that nomination.” Said Senate Majority leader McConnell the day of Justice Antonin Scalia’s death: “the American people should have a voice in the selection of their next Supreme Court justice. … Therefore, this vacancy should not be filled until we have a new president.” The Republicans wanted the Supreme Court pick to be “on the ballot in November,” meaning whoever won that election would get to choose the nominee. Now Democrats are using that same argument against the Republicans. The two parties have flipped sides; thus, both are being somewhat hypocritical. However, while Ginsburg’s death occurred just a month a half before the presidential election, Justice Scalia died in February, well before super Tuesday and the beginning of the general election campaign. Usually the vetting process for a United States Supreme Court Nominee takes two to three months, so the process will be rushed if completed before November 3. 

In the days since Ruth Bader Ginsburg’s passing, Democrats have raised a tremendous amount of money for the Biden campaign. According to a USA Today article, ActBlue, a website which handles Democratic donations to elections of all levels, received a “record 1.5 million contributions…. within 24 hours after Ginsburg's death” and $6.3 million “in just the first hour after Ginsburg's death.” The passing of Ruth Bader Ginsburg has intensified the already chaotic 2020 election.

Many states have already started early voting, and many people have already received their mail-in ballots: the all anticipated 2020 election season is in full swing. Come November, Republicans hope to effectively use the accomplishment of another successfully installed justice as ammunition for their campaigns, and Democrats hope to extend the legacy of Justice Ruth Bater Ginsburg.