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Justice Ginsburg Should Not Be Replaced Until After the Election

Originally published at http://www.commondreams.org/views/2020/09/19/justice-ginsburg-should-not-be-replaced-until-after-election


Don’t waste your ink. Oligarchs believe the end justifies the means. They don’t believe in democracy. The Big T will have a judge by next Friday. Obama’s idea to work together was a huge mistake, there is no together with these folks.


Of course Trump will replace her, as a courtesy to the Democrats who would rather be shielded from blame. They have some kind of “arrangement”.

Like French people with open marriages.

“Obama’s idea to work together was a huge mistake”


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The single biggest reason this can not happen is that it will reveal how absolutely incompetent the Democrats are as a party. If the Republicans can always do what the Democrats can not those same Democrats can not whine about how the Court always being filled with right wing judges.

This would take away half the reasons pundits for the DNC use to claim people on the left HAVE to vote Biden.

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Moscow Mitch will assure that RBG WILL “not be replaced until after the election”.

Pre-election replacement might jeopardize some GOP Congressional seats while replacing RBG between November 4 and December 31 is a win-win for the GOP and lose-lose for the rest of us.

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You are usually pretty well informed. How are you making this argument when it was the case that for Merrick Garland that the Rs controlled the Senate with a D president. Now the Rs still control the senate with an R president. I will push back on anyone who tries to claim those situations are analogous in any way (not that the Ds aren’t mostly a bunch of losers - they are).

In this game the Ds have almost no cards but trying to appeal to Republican senators as @SkepticTank suggested could be done with McConnell (by making him think his seat is more vulnerable if he gets this done - that’s a tough sell). Or appealing to 4 other R senators to not go along (also quite hard).


The Republicans’ haste indicates lack of confidence in success for the Trump re-election campaign. They may as well say that they don’t just have a ‘lame duck’ on their hands but a dead one.

Kaqan and Sotomayer were both appointed By Obama as well. Neither of these two can be considered all that far left. They could just as easily been nominated by Reagan. Both are considered Centrist or right of Centrist and will very often vote with the Conservative judges.

Obama picked these two to garner support with the Republicans.

The Republicans just do not do that. They pick the furthest right person that they have and manage to get that person nominated. In other words the Democrats give in before they even start.


Look, if we demand Moscow Mitch, the Traitorous Terrapin, not fill this seat, then we will have formalized that an elected official serves one less year than their term. I reject that.

The time to have addressed McConnell’s traitorous behavior was when he committed it. President Obama should have simply stated that silence is consent, and he should have arranged Garland’s swearing in.

Obama and the Democratic “leadership” fvcked up. When I vote a candidate into office, it’s for the ENTIRETY of their term.

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Romney and Murkowski have announced that they are “no” votes.
That leaves two Republicans who can be frightened by what the Ds can do if they take the Senate.
A possibility, but kinda doubtful.

I’ll risk being attacked to assert that I don’t think the Ds are going to take the Senate.
They need four wins, counting Doug Jones certain loss in Alabama.
And the Gary Peters/John James race here in MI is very tight. They might need five wins.

This has 2016 written all over it: The d-party fumbling away a very winnable election.
The d-party brand is in the toilet. It’s simply amazing.

That said, the time ripens for a progressive third party.


A spokesman for Romney rescinded the “no” vote from him (unless that has changed again in the last couple of hours), but Collins has announced that whoever wins the election should nominate the next judge. But she is not considered reliable no matter what she says. Grassley also recently said that the next president should nominate the justice, but he is suspect as well.

The idea that trump picks supreme court judges is beyond repulsive, but the fact is, anybody who was outraged by the Garland-debacle, and is now urging the senate to await a new president, can’t make a coherent argument. Oh, wait, I got it, only president’s elected by a popular majority get’s to pick Supreme Court judges.It’s in the penumbra! GET YOUR STATE LEGISLATORS TO ADOPT THE: National Popular Vote Interstate Compact

[Joni Mitchel Pat Matheny worry left forgotten behind]

Don’t worry. Replacing Supreme Court Justice would take Congress more than time remaining before elections under the best of circumstances. With Trump the Nomination process won’t even complete before he is out of office. Even if he is reelected somehow.

If the Dems can take the WH and control even one house of congress, they can effectively ignore the Supreme Court for as long as they can hold them. For the Republicans to even TRY to fill RBG’s seat on the court should elicit ALL-OUT-WAR from everyone who doesn’t subscribe to the religion of fascist white supremacy, and they need to make SURE that the Republicans understand that is EXACTLY what they will get. A Dem Attorney General can easily make sure that Trump and all of his appointees get fitted for decades in federal prison for the thousands of obvious crimes Trump and his criminal cabal engaged in for the past four years. Bill Barr is a true cold-blooded mafia mobster, but Trump is a classic wimp of a bully who will fold when confronted and threatened. So let’s get to it.

There is reason to hope that some Republican senators can be persuaded to block this.
Not high hopes – but hopes.

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That is just factually wrong. Sonia Sotomayor is to the left of RBG and is currently more progressive than any supreme court justice since Thurgood Marshall (as measured by her Martin-Quinn score).

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Your measure of what is deemed progressive and on the left is different then my own. The USA calls Obama on the left. They call Sanders far left which is factually wrong.

The ABA Journal considers her a centrist .

To add the only Supreme Court Justice that is deemed left as much as guys like Sclaia and Alito and Kavanaugh are deemed right was William O Douglas (Thurgood Marshall in the converstation as well). Ginsberg is rated as more left then Sotomayer.

Scores are an appreciated effort so that citizens can compare politicians objectively but after looking at rankings of politicians with better scores than Sanders who in no way would I rank left of Sanders on things I care about, I am skeptical of most scores until I see all the votes I care about.

@dpearl do you have a set of rulings to show what you are saying? I’ve heard people say that RBG was not all that liberal on topics outside of woman’s rights until more recently. If true, did that affect her score?