Saturday, September 26, 2020

U.S. Supreme Court: Honoring Justice Ginsburg and Nominating Her Replacement

The body of Ruth Bader Ginsburg lies in repose as mourners
pay their respect.


Friday, September 25th, concluded three days of a historic observance of the life and legacy of Supreme Court Justice Ruth Bader Ginsburg.  For two days her remains laid in repose at the U.S. Supreme Court and then on Friday a processional of a hearst containing  her flag draped casket with her family following in vehicles left the U.S. Supreme Court for the U.S. Capitol. Justice Ginsburg was the first female Justice to lie in repose at the Supreme Court and the first woman and Jewish American to lie in state at the U.S. Capitol. Of course, civil rights legend Rosa Parks was the first woman whose body was brought to the U.S. Capitol for a ceremony to honor her life and legacy. The distinction is she was a private citizen and her body was referred to as “lying in honor”.  


Amy Coney Barrett 

Just a week and a day after the death of Justice Ginsburg, President Trump announced the nomination of Amy Coney Barrett, a U.S. Court of Appeals Judge for the 7th Circuit based in Chicago, Illinois. She was on the President’s short list in 2018 when he then nominated now Justice Brett Kavanaugh. (See here.) This time President Trump made a commitment to nominate a woman. Judge Barrett is considered very conservative and a textualist. She previously clerked for Justice Antonin Scalia. Barrett is a married mother of seven children (two of were adopted from Haiti). She will make history as the first mother with school age children to sit on the Court if she is confirmed.

Her nomination has ignited cries of hypocrisy by the Democrats against the Republicans who refused to even consider the nomination of Merrick Garland four years ago during an election year. It remains to be seen whether voters will punish or forgive the Republicans for their change in stance regarding this election year nomination.

Another negative part of this process has been that almost within the same breath as the announcement of Justice Ginsburg’s death a week ago Friday evening (9/18), Republican Senate leaders started making comments in the media about Ginsburg’s replacement. It was disrespectful of Justice Ginsburg’s service and legacy to speak of her replacement while her last breath was still in the air. It’s like talking about who a husband will marry next before wife‘s body has been removed from the family home. Hopefully this will change in the future.

Many are speculating how the Senate nomination Hearings will go and how Senators should questioned Judge Barrett. Judge Barrett has a judicial record now of almost three years. Certainly the Senators can question her on her case opinions. She has also authored publications. Her points of view in these articles can be questioned. Her beliefs and values should be made known to the American people. After all, this is a job interview for the highest court in the land.

And so, the process begins.