What Ruth Bader Ginsburg’s Death Means for the American Justice System
What the death of an American Icon means for our Democracy
Ruth Bader Ginsburg, a pioneer of equality under the law, passed away Friday, September 18th at age 87 after a long battle with pancreatic cancer. The Supreme Court Justice made her mark long before her appointment from President Clinton in 1993. She worked for the ACLU winning several Supreme Court cases in the name of women’s rights and gender equality.
She inspired the Lily Ledbetter Fair Pay Act which made it easier for women to win discrimination laws over unequal pay. Justice Ginsburg joined the majority in Whole Woman’s Health v. Hellerstedt, a decision that struck down Texas’ attempt to limit abortion providers. She stopped indefinite detainment and automatic deportation of undocumented immigrants. Her stances on abortion, LGBTQ+ rights, and immigration revolutionized the standard for acceptance and human rights.
The devastating death of the left-wing justice leaves liberal interests vulnerable to attack. The vacancy left by Justice Ginsburg will allow President Trump to elect his third nominee to the Supreme Court in his first term. Following the nominations of Republicans Neil M. Gorsuch and Brett Kavanaugh, one can expect the nominee to be far-right as well.
Several names are being thrown around — Indiana’s Amy Coney Barrett and Kentucky’s Amul Thapar to name a few. All liberal efforts will most likely be put behind supporting a moderate GOP candidate such as Mitt Romney, the only Republican to vote in favor of Trump’s impeachment in early 2020.
Senate Majority Leader, Mitch McConnell, has already announced that the Senate will hold a vote on the floor for the replacement even if Trump becomes a lame-duck president after the election. This announcement from the Republican party strictly goes against their position on the nomination of a new Supreme Court Justice in 2016 after the death of Antonin Scalia.
“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.”
With the majority in the Senate, Americans need to prepare for a confirmed conservative appointment that will result in a super-majority (6–3). This threat becomes dangerous to individual liberties if we assume that Trump wins the election, as he has always pushed for anti-immigrant, minority, LGBTQ+, and women legislation.
In the worst-case scenario, Trump appoints, and the Senate approves, a far-right judge. Here’s what that will mean: an attack on human rights for any and all under-privileged groups. It is safe to assume that any groundbreaking rulings made during Democratic administrations will be up for assault. It is no secret that Trump and many Republicans are advocates for reversing the ruling for Roe V. Wade. Anti-LGBTQ+ groups will without a doubt attack the ruling in Obergefell V. Hodges, the Supreme Court case that made gay marriage legal in all 50 states. DACA will be under fire as well as Medicare.
What many Democrats are hoping for is a moderate GOP nomination that will appease the Senate. While this nominee would protect previous Court rulings, it is doubtful that any progressive decisions will be made under this potential Supreme Court makeup. The aforementioned lack of progress could be detrimental to the next generation’s needs, as it is imperative to quickly address the topics of systematic racism and climate change before it is too late.
“We live in an age in which the fundamental principles to which we subscribe — liberty, equality and justice for all — are encountering extraordinary challenges, … But it is also an age in which we can join hands with others who hold to those principles and face similar challenges.”
— Ruth Bader Ginsburg (2010)
Other Democrats are hoping for a delay on the appointment until after the winner of the next Presidential election takes office in January. Most Republicans have voiced their disagreement, claiming the Republican control of the Senate and Executive branch justifies a last-minute appointment.
The Supreme Court was never meant to be stacked as we are seeing it now. We cannot claim to present an unbiased Justice system if the top court in the country is so heavily partisan. As the Supreme Court Justices serve for life, the next appointment holds the power to shift the course of the United States. With a heavily right leaning court, the decisions they make will set precedent for the decades to come. Even if a president further down the line is able to realign the balance in the court, the justices will be under pressure to uphold the precedent set by this super-majority. The Trump administration and the GOP have no intention of creating a balanced Supreme Court, and it is uncertain if voting him out in November will do anything to prevent what seems to be inevitable corruption.
Everything worth protecting is in violent need of defending if we are to achieve an America where oppressed groups have the opportunity to thrive. To be complacent is to be on the wrong side of history, as this is history in the making. If anything is certain, it is that this Supreme Court nomination will be the most important one yet if we are to protect the rights of the American citizens.
