The Supreme Court is not the Make-a-Wish Foundation
by Becket Adams, Commentary Writer | | September 20, 2020 02:34 PM
Perhaps there are serious arguments for why President Trump and the U.S. Senate should not exercise their legal authority to nominate and confirm a justice to the Supreme Court in the months before the 2020 election.
Violating Justice Ruth Bader Ginsburg’s alleged dying wish is not one of them.
Before her death, the late Supreme Court justice allegedly dictated the following statement to her granddaughter: "My most fervent wish is that I will not be replaced until a new president is installed."
“Fervent” or not, the seat is not hers to give. Members of the court, past or present, do not get a say in the confirmation process. The president has the legal authority to nominate at any time a candidate to a vacancy on the court. The Senate has the authority to give its advice and consent. There is no law that says neither should exercise their constitutional authorities during an election year. In fact, history and precedent say otherwise. Since 1795, nine justices have been nominated and confirmed to the court during a presidential election year, where the same party controlled the executive branch and the Senate. Whether Ginsburg would have wanted it another way for 2020 is irrelevant. That is not how this works.
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READ MORE: https://www.washingtonexaminer.com/opinion/the-supreme-court-is-not-the-make-a-wish-foundation
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“Fervent” or not, the seat is not hers to give. Members of the court, past or present, do not get a say in the confirmation process. The president has the legal authority to nominate at any time a candidate to a vacancy on the court. The Senate has the authority to give its advice and consent. There is no law that says neither should exercise their constitutional authorities during an election year. In fact, history and precedent say otherwise. Since 1795, nine justices have been nominated and confirmed to the court during a presidential election year, where the same party controlled the executive branch and the Senate. Whether Ginsburg would have wanted it another way for 2020 is irrelevant. That is not how this works.
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