GINSBURG DOES NOT WANT HER SEAT FILLED UNTIL NEW PRESIDENT ‘INSTALLED’

Shock and awe across both political and judicial landscapes took place Friday night with the passing of 87 year old Ruth Bader Ginsburg..

Chief Justice John Roberts said:

“Our Nation has lost a jurist of historic stature. 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.”

Ginsburg’s reign as the liberal powerhouse on the court began when she replaced Sandra Day O’Connor during the Clinton presidency.

We will leave other more astute and dedicated political and legal websites opine as to the impact Notorious RBG’s death will have over the advancement of women’s rights and civil liberties..

The political fight is set for fever pitch–with an election taking place in just weeks Senate Majority Leader McConnell says he will abandon the Obama-era McConnell Rule and move forward with filling Ginsburg’s seat!

According to NPR, Ginsburg dictated one final dig at President Donald Trump to her granddaughter Clara Spera, declaring, “My most fervent wish is that I will not be replaced until a new president is installed.”

Ginsburg using the world “installed” was an interesting choice.

Josh Blackman at REASON was one of the writers to pick up on the choice and what a literal–legal–meaning could be.

Ginsburg could have said, “My most fervent wish is that I will not be replaced until after the election,” or even “After the inauguration.” Rather, she said she did not want to be replaced “until a new president is installed.” If President Trump wins re-election, then a “new president” will not be “installed” until 2024. (Barring impeachment or resignation, of course.) If Ginsburg meant these words literally, then her seat would remain vacant throughout the entirety of Donald Trump’s second term. Merrick Garland could not be reached for comment.

JOSH BLACKMAN |THE VOLOKH CONSPIRACY 


Maybe RBG already knew this election could be decided by a court..

DEVELOPING..

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