Bless ya RBG…
She will be missed….
Her passing will result in a bruising confirmation battle in the US Senate and the media….
Justice Ruth Bader Ginsburg died on Friday of “complications of metastatic pancreas cancer,” the Supreme Court announced.
“Our nation has lost a jurist of historic stature,” Chief Justice John G. Roberts Jr. said in a statement. “We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her — a tireless and resolute champion of justice.”
The development will give President Trump the opportunity to name her successor, and Senate Republicans have promised to try to fill the vacancy even in the waning days of his first term. The confirmation battle, in the middle of a pandemic and a presidential election, is sure to be titanic.
Mr. Trump has appointed two members of the Supreme Court, Justices Neil M. Gorsuch and Brett M. Kavanaugh, moving the court slightly to the right. The replacement of Justice Ginsburg, the leader of the court’s four-member liberal wing, could transform the court into a profoundly conservative institution, one in which Republican appointees would outnumber Democratic ones six to three….
The politics ……
Senate Minority Leader Charles Schumer (D-N.Y.) said on Friday night that the Senate should wait until next year to fill the Supreme Court seat left vacant by Justice Ruth Bader Ginsburg‘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,” Schumer said in a tweet.
Schumer’s tweet comes less than an hour after news broke that Ginsburg had died on Friday at 87, throwing a landmine into an already chaotic presidential election year….
…
McConnell, who is up for reelection, has vowed that he will try to fill an open seat. His office didn’t immediately respond to a request for comment about Ginsburg’s passing.
“If you’re asking me a hypothetical … we would fill it,” McConnell told Fox News in February.
But a handful of Republicans have been non-committal about if they would support filing an election-year vacancy, though they will likely face intense pressure from conservative activists and their own colleagues to do so. With a 53-47 majority, McConnell could lose three GOP senators and still let Vice President Pence break a tie….
…
…the nomination and confirmation process for the latest addition to the high court, Justice Brett Kavanaugh, took 89 days total for confirmation. It took 57 days from Kavanaughs nomination to his confirmation hearing.
There are 45 days until Election Day.
Remember?
There are SEVERAL Republican US Senators on thin ice in re-election races….They may NOT support a new justice pick for Trump before the election and after if Trump loses….
Trump is sure to push for a new Justice even if he loses the election….
Anybody remember Merrick Garland?
image….thehill.com
We can only hope that Collims, McSally and Tillis and some others are worried about their seats and NOT Trump and the rightwingnuts?
Robert Reich
@RBReich
Lindsay Graham: “If a [Supreme Court] opening comes in the last year of President Trump’s term, and the primary process has started, we’ll wait until the next election.”
Jared Rizzi liked
Chris Hayes
@chrislhayes
Not 100% clear McConnell can hold the caucus on a confirmation vote before the election. Probably can, but absolutely not a done deal.
Jennifer Bendery
@jbendery
FYI: Mitch McConnell can afford to lose 3 GOP senators and still have the votes to confirm an RBG replacement.
CSPAN
@cspan
February 23, 2016–Sen. Mitch McConnell on #SCOTUS nomination process: “The Senate will appropriately revisit the matter after the American people finish making in November the decision they’ve already started making today.”
Jared Rizzi liked
Claire McCaskill
@clairecmc
Everyone take a deep breath. McConnell wants power. Period. Forcing this vote before Nov 3 guarantees he loses the Senate. Forcing this vote lame duck probably loses them more seats in 2022. (Portman,Toomey,Rubio,Iowa, etc).
This COULD get tight….
Nunya BiznezFlag of United States (Jan)
@BiznezNuna
Replying to
@clairecmc
Murkowski just said she will not confirm a new SCOTUS before next year.
The vote would have to be BEFORE Jan 3rd if the Republicans lose their majority in the US Senate….
Hmmmm?
Murkowski…
Collins….
Romney…
McSally…
Tillis…
Graham?…
Gonna be a LOT of posts/analysis on this in the days ahead….
More on the Senator from Alaska….
Murkowski Won’t Vote for New Supreme Court Nominee
“Shortly before the announcement that Supreme Court Justice Ruth Bader Ginsburg had died Friday, Sen. Lisa Murkowski said in an interview that if she was presented with a vacancy on the court, she would not vote to confirm a nominee before the election,” Alaska Public Radio reports.
“Murkowski said her reasoning is based on the same reasoning that held up the confirmation of former President Barack Obama’s final nominee to the Supreme Court.”
McSally in Arizona…
Arizona Republican Sen. Martha McSally said Friday the U.S. Senate should vote on President Donald Trump’s nominee to fill the vacancy left by the death of Supreme Court Justice Ruth Bader Ginsburg, echoing sentiments by Senate Majority Leader Mitch McConnell that the nominee receive a Senate vote….
More…
Democratic presidential nominee Joe Biden said Friday night that the winner of the Nov. 3 election should get to pick who succeeds the late Justice Ruth Bader Ginsburg on the Supreme Court.
“Let me be clear, that the voters should pick the president and the president should pick the Justice for the Senate to consider,” Biden said.
Biden noted that in 2016, Senate Majority Leader Mitch McConnell (R-Ky.) and then-Senate Judiciary Committee Chairman Charles Grassley (R-Iowa) blocked Merrick Garland, President Obama’s nominee to replace the late Justice Antonin Scalia, from getting a hearing ahead of the 2016 election. Scalia died in mid-February of 2016….
More…
She’s toast anyway. Work on the Senators who have something to fear.
A memorial formed outside the Supreme Court after hundreds of people gathered to mourn the death of the late Supreme Court Justice Ruth Bader Ginsburg.
Candles and flowers dotted the area outside of the high court starting Friday night into Saturday, with signs and other tributes thanking Ginsburg for her long legal career….
More…
Again….
GOPer’s doing this WILL cost them the Senate I predict….
You think that the vote TO vote on the GOP Senate Judiciary approval of a judge will fail?
I see little chance of stopping Trump from nominating , and the Republicans confirming ,a successor to RBG.
I mean depending on the likes of Lindsay Graham ,Chuck Grassley et al to back up what they previously said is pure folly.
Further Republicans up for re-election ,dependent on the Votes of “MAGA red hat wearing bootlickers “ who comprise the base of the Republican Party ,are certain not to buck their master in the White House.
So do I…..
But it WILL probably help cost the GOPer’s the Senate…..
I disagree not because I trust Lindsey Graham and his ilk to stay true to their word. I disagree because there just isn’t enough time in 45 days to bring a nominee to the floor. Not with all the vulnerable Republican Senators who will want to drag their feed rather than face certain defeat for their naked hypocrisy.
And if Trump is defeated and the Senate flipped pushing it through in a lame duck session will be problematic for GOP Senators who will be looking to 2022.
Well,while we disagree on this,
I fervently hope you’re right!
Of course if Trump is re-elected?
Then all of this is moot.
No….
The GOPer’s very well may put a conservative US Supreme Court judge on the court before Jan 3rd….
It’s only because of the calendar that I disagree with you. Had RBG passed in the start of 2020 her replacement would be on the Court now.
I’m broken hearted by her passing, but thankful it did not happen 7 months ago.
Good point Scott….
She held on it seems for as long as he could….
Bless her….
Bitcoffer floats Bill Barr for the seat?
But Barr is 70….
I’m not sold on Republican Senators refusing to elect an RBG successor ,even with a President Elect Biden and a Democratic Senate majority ready to assume office on Jan. 3.
I don’t think those Republicans up for re-election will be very concerned about 2022.As for the lame ducks whose tenure will end on Jan 3?Why would they have any incentive to not proceed?
After all, they are Republicans and,as we’ve seen, judges are one of ,if not the biggest issues, for any Republican.Indeed ,several anti Trump Republicans have mentioned that as the only good thing about Trumps presidency.
I hope I’m wrong ,and I would be happy to eat crow, but I really can’t see any way this can be stopped.
You people can, if you wish, read my detailed and complex thoughts on this entire matter on my blog tomorrow after a post is made sometime today or this evening.
99 percent of Democrat and 99 percent of Republicans will show disgraceful hypocrisy on this saga. Since the Republican hypocrisy will be more relevant and more recent, that is what will be focused on. On the other hand, I am consistent, even as I will never get any credit from tribalists on either side for it.
It would have been wrong for Obama to fill the Scalia vacancy during an election year and it is equally wrong for Trump to fill the Ginsburg vacancy during an election year. May Justices Antonin Scalia and Ruth Bader Ginsburg, good friends despite ideological differences, both rest in peace.
Of course, the winner of the election in 45 days should make this pick. The Senate, whichever party controls it, should give wide leeway in approving such a pick based on tradition, even though there is quite a recent history of Democrats acting shamefully in those situations.
Now, assuming that Trump is not reelected, and also assuming that Mark Kelly defeats Martha McSally in Arizona, I do not think a Trump pick can be confirmed.
The pick will almost certainly be a female judge who has already been confirmed by the Senate. Either Amy Comey Barrett or a Latina judge from Florida for election related purposes.
There is no way to hold a vote before Election Day. This is all going to come to fruition after the election and before January 3. Clearly, just about all the “smart people” on the right knows deep down that Trump is probably not going to win and most probably expect the GOP to lose the Senate as well, and what happened yesterday makes that even more likely based on the map this cycle.
Lisa Murkowski has already said she would not vote to confirm under this scenario. She also voted (wrongly) against Kavanaugh. I also do not see Susan Collins not being able to say during her campaign that she would oppose this. Win or lose, I think she will keep the promise.
I also think the Honorable Mitt Romney will do what is right per his conscience (even as all of you doubted me the whole time I said he would vote to convict Trump in the impeachment.)
So, there, you have it 50/50. The American people, after the election, would be pretty upset at such a tactic, but conservatives will want to salavage whatever they can from the failure of the Trump Era.
Nonetheless, what is happening in Arizona is a special election. The polls show Kelly ahead of McSally. If Kelly wins, he gets to be sworn in very close after the election.
Assuming all Democrats vote no, and they will, the pick fails on the floor 49-51.
Those on the right really ought to be smarter than they are being and think long term. Gorsuch replacing Scalia really did not affect the status of the current Court. Neither would Biden replacing Ginsburg.
If somehow though Republicans manage to pull it off and get her replaced by a Trump pick after Biden has won and Democrats have taken control of the Senate, then we are headed for something unavoidable but also bad for the country.
The Democrats will simply increase the number of Justices and with Biden nominating them, pack the court.
That means this will backfire on conservatives. Those in the Senate who are Republican and smart should cut a deal. Let the winner of the election, as chosen by the people in very short order, make this nomination, in exchange for an agreement not to increase the number of Justices above the current nine.
I read that the earliest Kelly could be sworn in,assuming he is elected, would be November 30 ,when the state canvas occurs.
That would essentially leave the remainder of November for McSally to remain a Senator and cast the fiftieth vote ,under your scenarios (assuming Murkowski ,Collins and Romney dont go along)
If that be true? 50/50 with Pence casting the deciding vote.
Tillis?
Long shot Grassly?
There was another mention?
U sure ole Lindsey is on board with Harrison knocking on his door?
I could be wrong but this is a bit more fluid then it appears to be from the start…
The videos of Lindsey Graham saying “hold the tape” and “use it against me” as he argued for consistency ad saying he would oppose such a thing that is now happening are devastating.
(Just about every other Republican Senator in Feb of 2016 is also on record as are all the Democrats. They all gotta do a 180 now and people wonder why there is so much cynicism about politics.)
I think everyone expects Graham to fold at this point but I now actually think he could lose in November. Maybe after his loss, he would find his conscience again in a lame duck vote. He ought to get ahead of this quickly and try to cut a deal to let the winner pick the nominee (and of course he can say that he thinks it will be Trump) and to avoid a court packing scheme.
I don’t think they can force the entire process before 11/30.
*If* Biden wins and if the Senate has gone Democrat and if there are Republican Senators who have already lost casting votes on this, then that simply puts Republicans in a horrible position.
The Democrats, despite their past hypocrisy when they all cried and screamed about how Obama got a pick stolen from him, will simply counter that all norms have been broken and that if the Trump picks go through, the first order of 2021 will be to increase the Court to 11..13..or 15 Justices. All picked right by a Democrat President and confirmed at the same time by a Democrat Senate.
This would be horrible for America in many ways but politically at this point, they would probably be able to get away with it.
How many Republican Senators are willing to be complicit in this sort of long-term devastation?
Incidentally, many of you have wondered why Mitt Romney has said several times that he expects Trump to be reelected (and Republicans to hold the Senate.)
Possibly because he was prepared just for a possibility like this. He will not have to come out against a conservative SCOTUS nomination until it is clear that Trump lost and thus has given himself appropriate cover.
Glad to hear from ya CG….
Send me the post if u want it reposted here…
People can read it on their own. Beyond this immediate matter, I do not think participating in political blogs fights is something I want in my life anymore.
Not that it matters, but I oppose increasing the number of Supreme Court justices .
While I agree that if the Republicans elect a successor to RBG an attempt will be made to do so,Such a scenario would depend on the Democratic margin in the Senate and right now that’s purely speculative.
For example I could see say Manchin and maybe another one or two stray Democrats not supporting such a move depending on public opinion at that time.
You would just need 50 to pack the Court under that scenario. They would probably have a vote or two to spare.
Conservatives should focus on the big picture. Avoiding a court packing scheme and praying that the conservative Justices hang on until there is a Republican President again one day.
Ginsburg being replaced by a younger liberal effectively changes nothing. Packing the Court would.
Well lots of speculation on all sides.
All I think we can definitely say is that,as of now, McConnell intends to attempt to confirm a Trump pick ASAP and the Democrats, at this moment, are irrelevant to the process.
Accordingly, this is all in the Republicans corner .They either go along or they don’t.
I’m still betting they will do it.However, as previously stated,I will be happy to eat crow if I’m wrong.
McConnell did not give a time table. They want this hanging out there before the election in order to motivate conservatives to vote (but will also have an even greater impact on the other side.) Anybody seen huffing and puffing about this on the right is a tell that they think Trump is going to lose.
Because if Trump does win, then of course this is all academic.
I think Romney is going to be publicly non-committal on this for a long time because if he winds up being a deciding vote he has all sorts of leverage to cut a deal with Schumer (and Biden) to scuttle this pick in exchange for no court packing.
Romney would be lambased by the right for killing a Trump nomination to the SCOTUS, but at the same time, he would have effectively saved conservatism. What a story that is , big picture.
Also, purely political cold-blooded Democrats should probably want Trump and the Republicans to get away with this, only so that they can retaliate disproportionately.
While I think Roberts will generally vote with the conservatives about 90% of the time, I think a lot of Republicans are skeptical of his overturning established opinions due to his well known view as to stare decisis and some of his previous votes.
Accordingly, they are looking at this as solidifying what they see as a not totally solidified conservative “bloc.”
Before yesterday, it was a 4-4 Court with Roberts as the swing vote.
If things wind up 5-5-1, or 7-5-1, or 9-5-1, with Roberts as the one, then conservatism is hurt long term.
The only thing Republicans should be asking themselves if how they found themselves wed to a Presidential nominee who looks like he can’t win.
As I’ve said above, Idon’t think the Republicans are looking at it that way.
Nor do I believe that a court packing scheme will necessarily be successful, even with a small Senate Democratic majority for the reason as I previously stated.
If Trump and the Republicans get the court seat Biden will be under huge pressure to pack the court….
Holly Shit….
Shane Goldmacher
NEW: Democratic donors have now given more than $46 million to candidates and causes in the hours since Ruth Bader Ginsburg passed away — a breathtaking sum of money in so short a timespan.
Great piece CG…..
Would like to make this or ur post a post here
My actual “piece” will be better. People can read it themselves or link to it in the comments if they want.
Karen Tumulty
A Republican pollster just told me that this court fight could motivate young women to turn out this year. “They may not vote for Biden, but they will vote for Ruth.”
Here’s a shocker!
Lyin Lindsay Graham Says he will support whatever Trumps does as to aSupreme Court nominee.
He has “conservative values.”
No real surprise with ole Lindsey….
I wonder what the polls will show in the next weeks in ur state Jack….
Remember….
The Senate has to vote to take a confirmation vote and there has never been someone confirmed in 45 days ….
Collins just announced she will wait for the election results on Nov3……
Democrats now need at least 2 more GOPer’s
She had no choice if she thinks she can keep her job…..
Murkowski ….. I believe has said the same thing?
Contrary to CG,I doubt this will hurt him much ,if at all.
ok McConnell seems to have a green light to hold the vote…..Romney could join Collins and Murkowski….But one more GOPis needed to stop a confirmation vote…
…
… In addition to Graham, Sens. Thom Tillis (R-N.C.), Martha McSally (R-Ariz.) and Kelly Loeffler (R-Ga.) have each endorsed moving to fill the vacancy this year….
The Hill
We have yet to hear from Gardner….
What’s there to hear?
At best he will mumble something about waiting until after the election.
He wins he votes for Trumps choice.He loses he votes for Trumps choice.
What? You’re expecting something different?
CG gets props…..
Trump says in a week and a woman most likely…
Wow,
Nadler mentions packing the court in response
to the rush to confirm…..
Nadler isn’t alone on packing the court to counter a Trump pick, while McConnell shit canned Garland……