Evening summary: Ruth Bader Ginsburg is dead. A massive battle begins.
The announcement that supreme court justice and progressive icon Ruth Bader Ginsburg died this evening has left many Americans shocked and grieving, and has launched an intense political battle within the US senate that could determine the basic rights of millions of Americans for decades to come.
I’m handing over our live politics coverage to our colleagues in Australia, who will continue to cover the reaction to Ginsburg’s death. Here’s summary of some of the key developments of this evening so far:
- Ginsburg, the second woman to serve on the supreme court, died tonight in Washington, from complications from metastatic pancreatic cancer. She was 87.
- Trump will nominate a replacement for Ginsburg, and the Republican-controlled senate has the power to confirm that nominee to the supreme court.
- But Republicans have only a slight voting majority, raising questions about whether they have the votes to push through a controversial nominee just weeks before a presidential election. Republican Sen. Ted Cruz suggested they should move fast. Potential Senate swing votes, like Susan Collins and Mitt Romney, will face immense pressure as Republicans count their potential votes.
- Senate majority leader Mitch McConnell released a statement saying that Trump’s nominee would get a vote in the Senate, but did not say exactly when. McConnell did make clear that he would ignore his own argument from 2016, when he suggested that confirming a president’s supreme court nominee months before a presidential election was inappropriate.
- It’s very possible that Republicans may have enough votes to push through a nominee of their choice before Election Day. But there’s also the risk of electoral backlash from liberal voters if they do so. McConnell might decide it’s more strategic to try to push through a Republican justice after Nov. 3, but before a new president is sworn in, should Trump lose to Biden.
- What will happen if the supreme court is left to decide a crucial case about the outcome of the 2020 election with only eight justices, instead of nine (and with a 5-3 conservative majority) is also a pressing question.
- Ginsburg made her own position clear, telling her granddaughter this week: “My most fervent wish is that I will not be replaced until a new president is installed.”
What will Republicans do next?
Will Senate Republicans try to confirm a conservative supreme court justice immediately? Or will they wait until after the election, but before the inauguration, and try to push through a conservative just then?
Here’s what we know about what options Republicans are considering tonight:
Yes, Ginsburg’s death is a powerful opportunity for Trump, for Republicans, and for people who hope to make abortion illegal and advance other rightwing causes:
Katy Tur
(@KatyTurNBC)An ally of Trump texts me:
“He is such a lucky mother****er.”
But the huge conservative victory of pushing through another Trump appointee could also backfire on election day, some Republicans are warning:
McConnell’s statement tonight pledging that Trump’s nominee will get a vote doesn’t necessarily mean a vote before election day, though Senator Ted Cruz is pushing for that:
Katy Tur
(@KatyTurNBC)Former prominent Republican leader texts:
If they manage to confirm someone before Nov 3, I honestly believe it will have the opposite affect on the election. I think it motivates the liberal and anti-Trump Rs even more.
Trump already has all the single-issue/judges voters.
Jonathan Martin
(@jmartNYT)The other issue Republicans are thinking about tonight: if they do jam through a nominee and Biden + Senate Democrats take control in January, what is the retribution?
Would they immediately end the filibuster and try to pack the court in some way?
And then there’s the question: what happens if there’s some kind of election crisis the supreme court is asked to decide, and it only has eight justices?
Robert Costa
(@costareports)From my notebook/calls over the past hour: there are discussions within the Senate GOP about voting *before* the election, making the argument that 9 justices are needed in case of an election crisis. But Rs who want that aren’t sure if Collins/Murkowski would fight it.
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‘A person who dies on Rosh Hashanah is a person of great righteousness’
Ruth Franklin
(@ruth_franklin)According to Jewish tradition, a person who dies on Rosh Hashanah, which began tonight, is a tzaddik, a person of great righteousness. Baruch Dayan HaEmet.
The political battle over replacing Ruth Bader Ginsburg began barely an hour after the announcement of her death.
The outcome of that battle will have profound, even life-or-death consequences, and affect hundreds of millions of Americans for decades.
But many Americans are also mourning Ginsburg herself: the “notorious RBG,” Jewish feminist icon and inspiration.
NPR’s Nina Totenberg visited Ginsburg today before her death:
David Gura
(@davidgura)On @maddow: @NinaTotenberg, who says she visited #RBG today.
She brought some food to the justice.
“If she could have lasted longer, she would have lasted longer.”
Kelsey Reichmann
(@KelseyReichmann)Now singing #RIPRBG pic.twitter.com/4tfK8XQDUx
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SCOTUSblog on Ginsburg as a fighter and feminist icon in the legal world
SCOTUSblog
(@SCOTUSblog)Despite her top grades at Columbia, no law firm in NY would hire Ginsburg after graduation. Many years later she observed that she had “struck out on 3 grounds. I was Jewish, a woman, & a mother. The 1st raised one eyebrow; the 2nd, two; the 3rd made me indubitably inadmissible.”
SCOTUSblog
(@SCOTUSblog)Ginsburg argued 6 cases before SCOTUS, winning 5. Her 1st argument came in 1973, in the case of Sharron Frontiero, an Air Force lieutenant who challenged a federal benefits law that treated married female members of the armed forces less favorably than their male counterparts.
Biden: Senate should wait to confirm Ginsburg’s replacement
The Democratic presidential candidate Joe Biden said that the Republican-controlled senate should wait until after the election to confirm Ruth Bader Ginsburg’s replacement on the supreme court, following the precedent Republicans set in 2016.
Aaron Rupar
(@atrupar)Biden: “In the coming days, we should focus on the loss of [RBG] & her enduring legacy. But there is no doubt – let me be clear – that the voters should pick the POTUS & the POTUS should pick the Justice for the Senate to consider. This was the position the GOP Senate took in 16” pic.twitter.com/QwxsmrmolA
The Republican Senate majority leader, Mitch McConnell, has already announced that Republicans will do whatever they want and Trump’s nominee will get a swift vote.
Seung Min Kim
(@seungminkim)McConnell can do whatever he wants in a week. He still has to persuade 49 senators to go along. https://t.co/YX8jCbSIKD
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‘She’s dead? Wow.’ Reporters inform Trump Ginsburg has died
NBC News has the moment on video:
NBC Nightly News with Lester Holt
(@NBCNightlyNews)President Trump on being told of Justice Ginsburg’s death:
“Wow. I didn’t know that … She lead an amazing life. What else can you say? She was an amazing woman, whether you agreed or not, she was an amazing woman who led an amazing life. I’m actually saddened to hear that.” pic.twitter.com/QNBQHW2Yly
Average number of days to confirm a supreme court justice: 69.6
Days until the 2020 presidential election: 45.
Seung Min Kim
(@seungminkim)The average number of days to confirm a SCOTUS justice, per CRS, is 69.6 days. Even if Trump nominated someone tomorrow, that is late November https://t.co/C3sKEvLp5E
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Romney spokesperson denies claim that he won’t support a nominee now
The Utah senator is seen as a potential Republican swing vote, part of a small handful of Republicans who might prevent the confirmation of a Trump appointee until after the November election.
But his spokesperson just called a claim that he would not support a nominee until after inauguration day “grossly false”.
Seung Min Kim
(@seungminkim)Romney spox refutes claims that says the senator won’t support a nominee until after Inauguration. https://t.co/V2QfQGy2Xy
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Ted Cruz: confirm a conservative replacement for Ginsburg before election day
Aaron Rupar
(@atrupar)Ted Cruz: “I believe that the president should next week nominee a successor to the court, and I think it is critical that the Senate takes up and confirms that successor before Election Day … this nomination is why Donald Trump was elected.” pic.twitter.com/9jG3NN0zO4
The Republican Senator Ted Cruz was added to Trump’s supreme court nominee short list earlier this month. Trump quipped at a campaign rally tonight that Trump would get an easy nomination to the court, with backing from even Senate Democrats, since they would all be so eager to get Cruz out of the Senate.
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