Who had the Notorious RBG dying on their 2020 Bingo card? It does throw an interesting twist to the political dynamics of the fall.
First of all, it's worth noting that a person of value died before we venture into the politics of her passing. As a lawyer in the 70s, she helped litigate a number of key woman's rights cases for the ACLU's woman's rights division. This was back when woman's rights were about getting access to jobs and education rather than abortion. Those wins would seem like no-brainers today and not controversial except to militant complementarians, but giving women equal access to careers and education was a novel and counter-cultural position fifty years ago.
She had to fight through the condescending sexism of the 60s to start her legal career and achieved quite a bit against the odds. Even the president stepped out of character to praise her-"She led 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." The blind squirrel got an acorn on that one.
A number of legal scholars compared her to Thurgood Marshall, as I did when I heard of the news this morning. Marshall headed up the legal wing of the NAACP when they were fighting to end Jim Crow and northern institutional racism as well rather than litigating the boundaries of acceptable affirmative action. Both did needed work as civil libertarians as lawyers and acquired the disdain of conservatives for their work on the bench. A comparison to John Lewis comes to mind; a right-of-center guy of 2020 would appreciate what all three did before getting into office, but be less thrilled with them in office.
She pushed the boundaries of rights for women in the 70s, which was well needed in 20/20 hindsight. She also pushed out the boundaries of rights for sexual minorities and pushed in on the rights of churches and individuals who ran afoul of left-leaning policies. That's where she acquired the ire of the right and the devotion of the left.
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Now, to the politics. Double-standard alert.
Four years ago, the Senate stalled on filling the Scalia vacancy in order to have Trump appoint the replacement, arguing that the winner of the election should get to choose the nominee. Fat chance of that happening this time.
It appears that they'll push forward with picking a replacement. A fairly quick selection of a nominee is in the works, and hearings on the nominee would be likely in October.
The Republicans have 53 seats and can afford to lose three. A competent conservative jurist can expect to get to 50. Senators Collins and Murkowski may well vote no on pro-choice grounds, but that needs two more defections. Mitt Romney is mentioned along with the RINO Sisters as a possible no vote, but his breaking ranks on impeachment is a on a different plane as this pick; Trump's amoral behavior rubbed Mitt the wrong way, but a solid conservative nominee along the lines of Gorsuch and Kavanaugh wouldn't be a problem for Romney.
The Democrats will be doing all that they can to derail this nomination, as they did with the Kavanaugh pick. Unless the nominee has some sort of toxic revelation, it's hard to see much that they can do other than try to blockade the Capital to prevent a vote.
They'll have a lot of reasons to do so. The Ginsberg pick will swap out the most liberal member of the court for a conservative, giving the right a 6-3 edge and thus a one-vote cushion to overcome a small-c conservative justice opting not to buck precedent like we've seen Roberts do in an abortion case recently.
If this pick goes through, the chances of a liberal court anytime soon severely diminish. Clarence Thomas is the oldest conservative at 72, so he'll likely outlast a Biden term. Stephen Breyer is 82 and would likely retire and let Biden get his replacement, but there's little chance of making a dent in a 6-3 breakdown until the late 20s...
At least if we stick with a nine-judge format. The number of Supreme Court justices aren't set in the Constitution, so Congress could increase the number to flip the alignment. Adding four new sets and appointing left-friendly justices to them would give the left a 7-6 edge, or they could add 6 to give them a 9-6 edge and a vote cushion.
That would be nuclear hardball.
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I'd expect the president to pick a woman. That woman will be treated as a traitor to her gender by the left, but it would take an attack point away from the Democrats. It wouldn't hurt to pick someone who's a Protestant, since there are none on the court; an evangelical-leaning nominee would juice that wing of the Trump block and give the left something to over-react to.
This will be a Kavanaugh-level brawl, with the double-standard and the added stakes for left-right swap rather than center-right in replacing Anthony Kennedy replacing the sexual assault accusation. Expect a lot of street theater, where BLM protests could be a template for last-ditch "resistance."
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