Today, September 18, 2020, Supreme Court Justice Ruth Bader Ginsburg passed away. I hope she rests in peace.
I have no doubt that her life will be judged well, according to the Jewish tradition. That she has passed on erev Rosh Hashanah does not make me feel better for a happy and lucky new year. But, this is not about me. Really, her life, and death, have now become about us, and the future of the United States.
Mitch McConnell, very infamously, denied President Obama his right to choose a Supreme Court Justice to replace the deceased Antonin Scalia. McConnell stated that, in an election year, the President and Congress have an obligation to wait to see the will of the people in the election. The Senate would not take up any debate on Obama’s pick, Merrick Garland, until after the election.
Once the election was over, they still would not take up debate because they declared, that since Trump had won the Presidency, Obama’s choice was rendered moot. Neil Gorsuch was appointed by Trump and confirmed by a GOP-led Senate. Merrick Garland was swept to the ash heap of history, even though he was actually a compromise choice to ensure Republicans would not fight the nomination tooth and nail as they did with everything else Obama did.
McConnell, also infamously, stated, when asked, that he would push through any Trump nomination in an election year. He even chuckled as he said it. So, for those who think that a nomination will wait, at least without a fight, this is pure delusion.
The Dems in the Senate can very probably delay the confirmation of any nominee until after the election, but I do not believe that a Biden win would prevent McConnell, and his cronies, from a post election confirmation. This is especially true if the GOP loses control of the Senate in this election.
It is my hope that there is some legal avenue that Senate Democrats can take that would use McConnell’s precedent against him in this case. I am not a legal scholar, so I do not know if this is even within the realm of possibility. I cannot imagine a filibuster is possible given the length of time between the election and the new administration taking office.
What worries me most of all is the effect this will have on the vote. Biden does not really inspire fervent support among likely voters, especially progressives. I know many people whose vote for Biden was predicated on his ability to choose RBG’s replacement on the SCOTUS. With that in jeopardy, to say the least, will they still vote?
Will her “premature” passing serve to suppress Democratic voting? I hope not. For those now, or still, on the fence, I would tell you that, yes, we are hurt by this. We are not, however, dead. It is now more important than ever to get out and vote for Biden. Vote for the Democratic down tickets in your elections.
We must maintain the House of Representatives. We must take back the Senate. Control of both legislative houses would give Dems control of the legislative agenda. It would then make it all the harder for the GOP to make their attempts to strip American citizens of their rights. These include abortion rights, LGBTQ+ rights, and, I am sure, the right to assemble and protest those things we know to be bad for the United States.
VOTE. The future of our country, now more than ever, depends on it.
Edit: McConnell, less than an hour after her passing, stated that any Trump nominee would get a vote in the Senate, thus clarifying his hypocrisy.