On Tuesday morning, President Donald Trump tweeted that he would announce a nominee to replace Ruth Bader Ginsburg this Saturday, apparently setting the stage for a Senate vote well before November’s election. Trump’s announcement followed days of speculation following the death of Ruth Bader Ginsburg last weekend.
Replacing Supreme Court justices during an election cycle has long been a debated topic. Media pundits, politicians and others have been active in pushing for a Trump nominee or for waiting until after November’s election — and neither side has been shy in explaining why.
Both of Utah’s senators — Mike Lee and Mitt Romney — said they would vote if Trump’s nominee reaches the Senate floor.
“I intend to follow the Constitution and precedent in considering the president’s nominee,” Romney said in a prepared statement. “If the nominee reaches the Senate floor, I intend to vote based upon their qualifications.”
Lee echoed Romney’s view. “If we like the nominee, we will confirm her. If we don’t, we won’t. It’s that simple,” he said.
Other GOP lawmakers, like Sen. Susan Collins (R-Maine), said elected officials should act “fairly and consistently” — and not allow a Senate vote before the election.
“In fairness to the American people, who will either be reelecting the president or selecting a new one, the decision on a lifetime appointment to the Supreme Court should be made by the president,” Collins wrote in a statement Saturday.
Democratic presidential nominee Joe Biden said moving to replace Ginsburg before November’s election is an “abuse of power” by President Trump.
“The people of this nation are choosing their future right now, as they vote,” Biden said in a speech in Philadelphia Sunday. “To jam this nomination through the Senate is just an exercise in raw political power and I don’t believe the people of this nation will stand for it.”
The Washington Post Editorial Board openly rebuked GOP attempts to push through a nomination, writing that Ginsburg “spent her life fighting double standards” and “Republicans should not embrace one to replace her.”
“Such a grab for partisan advantage, on the basis of contrived and hypocritical logic, could undermine public confidence in the Supreme Court and further envenom already toxic relations between Republicans and Democrats on Capitol Hill, possibly provoking Democrats to pack the court, if they get the chance,” the editorial read.
The Wall Street Journal Editorial Board, however, views a nine-member Supreme Court as necessary to settle any disputes that may arise with this year’s election.
“Republicans are moving with dispatch to nominate and vote on a successor to Justice Ruth Bader Ginsburg, perhaps before the Nov. 3 election,” the editorial said. “This is within their constitutional authority, and it also makes the most sense for the courts and any post-election controversy.”
Days before her death, Ruth Bader Ginsburg dictated a message to her granddaughter, Clara Spara, reflecting her desire as to her replacement.
“My most fervent wish is that I will not be replaced until a new president is installed,” she said.