On September 18, 2020, Supreme Court Justice Ruth Bader Ginsburg died. Justice Ginsberg was 87 years old and had been in ill health for some time, including no less than five bouts with cancer. Rather than retire to concentrate on her health, she remained on the court because of her commitment to gender equality; in particular, women’s rights. Before her death she dictated this statement to her granddaughter: “My most fervent wish is that I will not be replaced until a new president is installed.”
On September 26, 2020, President Donald Trump nominated Amy Coney Barrett to succeed to Ginsberg’s seat on the Supreme Court.
There are a lot of things that are unsettling about the nomination of Amy Coney Barrett to replace Ruth Bader Ginsburg, not the least among them the fact that Barrett’s perceived conservatism and a concern of her ability to separate her personal religious views from her duty as a judge is a slap in the face to Ginsburg’s unwavering stance for equality. To be accurate, that concern is an old bugaboo being raised from the dead: there are still people around who remember it’s being expressed about John F. Kennedy and possible conflict between his personal faith and his duty as President. Whether or not this is a valid concern, though, is not what this post is about.
On March 16, 2016, seven months before the end of his second term in office, then-President Barak Obama nominated Merrick Garland to succeed Justice Antonin Scalia, who died the preceding month on February 13, 2016. Within the hour of Scalia’s death, the Senate Majority Leader declared his opinion that “(t)he 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,” and for 293 days the Senate refused to take action on the nomination, which expired January 3, 2017 with the end of the 114th Congress.
So, what I want to know is: where is the fairness for “(t)he American people” in this? Amy Coney Barrett should not be attacked because of her ideology, and certainly not because of her personal faith, but where is the fairness in announcing that confirmation of a justice will or will not be acted upon because of the president who made the nomination? Take a look at that timeline. The conservative, Republican party wastes no time in speaking up for what it wants, because, like always, they cling to that idea that they know best, that everyone wants the same thing they do. Well, thankfully, that’s not always the case now, and the rest of us have a chance to prove that in November.
Resist. Dissent. Vote.