Sunday, September 27, 2020

Victory before election. Why should he miss the chance?

 US Supreme Court Justice Ruth Bader Ginsberg died on 18 September from metastatic pancreatic cancer at the age of 87 years. She was diagnosed with colon cancer in 1999. Doctors discovered pancreatic cancer at follow up examination a decade later. In 2018, she underwent lobectomy for lung cancer which was discovered during treatment for broken ribs after a fall in her chambers in 2018. She is famous for being a feminist and consistently dissenting with other judges over rights of women, so that she became a liberal icon. Till now the US Supreme Court has been deemed to have a 5-4 majority in favor of conservatives over liberals, depending on who was appointed by Republican or Democrat president. Though Chief Justice John Roberts was appointed by President George W Bush he has voted with liberals on Obamacare, deportation of DREAMers and on abortion, tilting the balance in favor of liberals. With US presidential election on 3 November, President Donald Trump has nominated another conservative, 48-year old Amy Coney Barrett  who, if confirmed by the Senate, will change the balance of the Court to 6-3 in favor of conservatives. Liberals are enraged that Republicans plan to go ahead with confirmation of Barrett when they blocked appointment of Merrick Garland who was nominated by Barack Obama when conservative Justice Antonin Scalia died suddenly in 2016. Before her death Ginsberg is supposed to have told her granddaughter, "It is my most fervent wish that I will not be replaced until a new president is installed." This is breathtaking in its arrogance, a blatant interference in politics and an attempt to reduce the power of the Senate. Especially since she supported Obama's right to appoint Garland in 2016, saying, "The president is elected for four years not three years, so the power he has in year three continues into year four." The last time the Senate confirmed a Supreme Court judge in election year was in 1940, and before that in 1932 and in 1916, wrote Chad Pergram, who thinks the Republicans have the numbers to confirm Barrett. Democrats are incensed at, what they see as, Republican hypocrisy when they refused to confirm Garland in an election year in 2016. The difference is that Obama was a lame duck in 2016, because he could not stand again, whereas Trump is up for re-election. Opinion polls are already giving the election to Democrat candidate Joe Biden, but "There is growing suspicion that Trump supporters are not divulging their preferences to pollsters." Just wearing a hat saying Make America Great Again (MAGA) can get one killed. The memory of 2000 when the Supreme Court divided 5-4 to decide the State of Florida, and the election, in favor of George W Bush, by just 537 votes, the infamous 'hanging chads', out of 6 million cast, must be seared in the minds of Democrats. A 6-3 Supreme Court provides insurance for Republicans and a nightmare for Democrats. Even if Trump loses he will have left a Supreme Court in his image. As judges are for life, as Ginsberg proved, this could be for a generation. Trump wins even if he loses. The irony. 

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