Death of Ginsburg could boost Trump,we have his Replacement Candidates
Democrats fear Donald Trump will defy the legal icon’s final wish and attempt to push through a candidate to the Supreme Court – diverting attention from his handling of the coronavirus crisis
Crowds have gathered to pay tributes to iconic Supreme Court judge Ruth Bader Ginsburg following her death at the age of 87.
Emotional tributes have been paid to the women’s rights champion, amid fears Donald Trump could defy her dying wish.
Ginsburg had pleaded for her successor to be appointed once there is a new President – but Trump seems likely to pounce on the chance to divert attention from his handling of the coronavirus.
If he gets his way and a conservative takes Ginsburg’s place, laws permitting abortion in the US could be under threat.
Flowers were left outside the Supreme Court building in Washington DC as mourners paid their respects.
Ginsburg was a renowned liberal who famously branded Trump a “faker” and said he was guided by his ego.
The judge, a co-founder of the Women’s Rights Project at the American Civil Liberties Union (ACLU), was just the second woman ever appointed to the Supreme Court, the highest court in the US.
She was popularly known by her initials RBG, and emerged as an icon in popular culture in recent years.
An image of Ginsburg and the alternating messages “thank you” and “rest in power” were projected on the front of the New York State Civil Supreme Court building in Manhattan as Americans paid tribute.
The race to appoint a successor
Ginsburg had requested that her replacement on the Supreme Court was not appointed until there is a new President.
Just days before her death, she dictated a statement to her granddaughter Clara Spera, saying: “My most fervent wish is that I will not be replaced until a new president is installed.”
Ruth Bader Ginsburg dies – and she didn’t want to be replaced until Trump out of office
But with Trump on the back foot and Republicans anxious about losing the White House and the US Senate, experts believe putting forward a candidate could divert criticism away from the incumbent.
If successful, it would also move the Supreme Court further to the right, giving it a 6-3 conservative majority.
The balance is currently 5-4 in favour of conservatives.
Trump has already appointed two conservatives to lifetime posts on the court, Neil Gorsuch in 2017 and Brett Kavanaugh in 2018.
Why this could impact on abortion rights in the US
Conservative activists for years have sought to get enough
votes on the Supreme Court to overturn the 1973 Roe v. Wade ruling that legalized abortion nationwide.
During the 2016 campaign, Trump promised to appoint justices who would overturn that landmark decision.
If Trump is able to appoint a judge who opposes abortion, he may be able to deliver on this pledge.
Timing could suit Donald Trump’s campaign, says strategist
For months, the election contest has centred on Trump’s handling of the pandemic, which has badly damaged his prospects for reelection as the US death toll nears 200,000.
However, Ginsburg’s death opens up the potential for Trump or Biden to choose a successor – who could rule on issues including abortion access, environmental regulations and the power of the presidency for a generation.
Strategists on both sides have seized on the moment to find an advantage.
Trump’s supporters see an opportunity to galvanize support beyond his most loyal core of backers, with Republican strategist Alex Conant saying: “It’s hard to see how this doesn’t help Trump politically.
“Biden wants this election to be a referendum on Trump. Now it’s going to be a referendum on whoever he nominates to the supreme court.”
Multiple Republicans close to the White House believe Mr Trump will likely nominate a woman.
“Any week Donald Trump doesn’t have to talk about coronavirus is a net positive for him,” said Joel Payne, a Democratic strategist who worked for 2016 Democratic nominee Hillary Clinton.
“Historically, Republicans vote on the court. I think some Republicans will see this as the October surprise to gin up excitement in their base.”
Tributes paid to liberal icon
Figures from across the political spectrum have paid tribute to Ginsburg
House Speaker Nancy Pelosi, Democrat, posted on Twitter : “Tonight, the flags are flying at half staff over the Capitol to honor the patriotism of Justice Ruth Bader Ginsburg.
“Every woman and girl, and therefore every family, in America has benefitted from her brilliance.”
“Our Nation has lost a jurist of historic stature,” Chief Justice John Roberts said in a statement.
“We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her – a tireless and resolute champion of justice.”
“Today, our nation mourns the loss of a titan of the law,” Trump said in a statement, adding that Ginsburg’s decisions “have inspired all Americans, and generations of great legal minds.”
Trump, who as a presidential candidate in 2016 called on Ginsburg to resign and said “her mind is shot” after she criticized him in media interviews, did not mention any potential plans about nominating a replacement.
President Donald J. Trump announced the following additions to his Supreme Court List:
Bridget Bade is a Judge on the United States Court of Appeals for the Ninth Circuit. Prior to her appointment in 2019, Judge Bade was a United States Magistrate Judge for the District of Arizona and an Assistant United States Attorney for the District of Arizona. Judge Bade served as a law clerk to Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit. Judge Bade earned her B.A., summa cum laude, from Arizona State University and her J.D., cum laude, from Arizona State University’s Sandra Day O’Connor College of Law.
Daniel Cameron is the 51st Attorney General of the Commonwealth of Kentucky. Before his election in 2019, Attorney General Cameron practiced law with Frost Brown Todd, LLC and served as Legal Counsel to Senate Majority Leader Mitch McConnell. He served as a law clerk to Judge Gregory F. Van Tatenhove of the United States District Court for the Eastern District of Kentucky. Attorney General Cameron received his B.S. from the University of Louisville and his J.D., cum laude, from the University of Louisville Brandeis School of Law.
Tom Cotton is a United States Senator for the State of Arkansas. Prior to his election in 2014, Senator Cotton served as a Member in the United States House of Representatives and in the United States Army, rising to the rank of Captain while serving in both Iraq with the 101st Airborne and in Afghanistan with a Provincial Reconstruction Team. Prior to his military service, Senator Cotton practiced law at Gibson, Dunn & Crutcher, LLP. Senator Cotton served as a law clerk to Judge Jerry Smith of the United States Court of Appeals for the Fifth Circuit. He received his A.B., magna cum laude, from Harvard College and his J.D. from Harvard Law School.
Paul Clement is a partner with Kirkland & Ellis, LLP. He previously served as Solicitor General of the United States and has argued over 100 cases before the Supreme Court of the United States. He served as a law clerk to Justice Antonin Scalia on the Supreme Court of the United States and Judge Laurence Silberman on the United States Court of Appeals for the District of Columbia Circuit. Mr. Clement received his B.S.F.S., summa cum laude, from the Georgetown University School of Foreign Service; his M.Phil. from Cambridge University; and his J.D., magna cum laude, from Harvard Law School.
Ted Cruz is a United States Senator for the State of Texas. Prior to his election in 2012, Senator Cruz was a partner at Morgan, Lewis & Bockius, LLP and served as Solicitor General of Texas. Senator Cruz
served as a law clerk to Chief Justice William H. Rehnquist on the Supreme Court of the United States and Judge J. Michael Luttig on the United States Court of Appeals for the Fourth Circuit. Senator Cruz received his A.B., cum laude, from Princeton University and his J.D., magna cum laude, from Harvard Law School.
Stuart Kyle Duncan is a Judge on the United States Court of Appeals for the Fifth Circuit. Before his appointment in 2018, he was a partner at Schaerr Duncan, LLP and General Counsel of the Becket Fund for Religious Liberty. Earlier in his career, Judge Duncan served as Solicitor General of Louisiana. Judge Duncan served as a law clerk to Judge John M. Duhé, Jr., of the United States Court of Appeals for the Fifth Circuit. He received his B.A., summa cum laude, from Louisiana State University; his J.D. from the Paul M. Hebert Law Center at Louisiana State University; and his LL.M. from Columbia University Law School.
Steven Engel is the Assistant Attorney General for the Office of Legal Counsel of the United States Department of Justice. Prior to his appointment in 2017, Mr. Engel was a partner with Dechert, LLP and previously served in the Office of Legal Counsel as Deputy Assistant Attorney General. Mr. Engel served as a law clerk to Justice Anthony Kennedy on the Supreme Court of the United States and to Judge Alex Kozinski on the United States Court of Appeals for the Ninth Circuit. Mr. Engel earned his A.B., summa cum laude, from Harvard College; his M. Phil. from Cambridge University; and his J.D. from Yale Law School.
Noel Francisco is the former Solicitor General of the United States. Prior to his appointment in 2017, Mr. Francisco was a partner at Jones Day and served in the Office of Legal Counsel as Deputy Assistant Attorney General and as Associate Counsel to the President. Mr. Francisco served as a law clerk to Justice Antonin Scalia on the Supreme Court of the United States and Judge J. Michael Luttig on the United States Court of Appeals for the Fourth Circuit. Mr. Francisco received his B.A., with honors, from the University of Chicago and his J.D., with high honors, from the University of Chicago Law School.
Josh Hawley is a United States Senator for the State of Missouri. Prior to his election in 2018, Senator
Hawley served as Attorney General of the State of Missouri, was an Associate Professor at the University of Missouri School of Law, and was an attorney with the Becket Fund for Religious Liberty. Senator Hawley served as a law clerk to Chief Justice John Roberts on the Supreme Court of the United States and Judge Michael McConnell on the United States Court of Appeals for the Tenth Circuit. He received his B.A., with honors, from Stanford University and his J.D. from Yale Law School.
James Ho is a Judge on the United States Court of Appeals for the Fifth Circuit. Prior to his appointment in 2018, Judge Ho was a partner at Gibson, Dunn & Crutcher, LLP and served as Solicitor General of Texas. Judge Ho clerked for Justice Clarence Thomas on the Supreme Court of the United States and Judge Jerry Smith of the United States Court of Appeals for the Fifth Circuit. He received his B.A., with honors, from Stanford University and his J.D., with high honors, from the University of Chicago Law School.
Gregory Katsas is a Judge on the United States Court of Appeals for the District of Columbia Circuit. Prior to his appointment in 2017, Judge Katsas served as Deputy Assistant to the President and Deputy Counsel to the President. He was previously a partner at Jones Day and served in senior positions in the United States Department of Justice, including as Assistant Attorney General for the Civil Division and Acting Associate Attorney General. Judge Katsas served as a law clerk to Justice Clarence Thomas, both at the Supreme Court of the United and the United States Court of Appeals for the District of Columbia Circuit, and to Judge Edward Becker of the United States Court of Appeals for the Third Circuit. Judge Katsas earned his A.B.,cum laude, from Princeton University and his J.D., cum laude, from Harvard Law School.
Barbara Lagoa is a Judge on the United States Court of Appeals for the Eleventh Circuit. Before her appointment in 2019, Judge Lagoa was a Justice on the Supreme Court of Florida. She also served as District Judge on the Florida Third District Court of Appeal and as an Assistant United States Attorney for the Southern District of Florida. Judge Lagoa earned her B.A., cum laude, from Florida International University and her J.D. from Columbia Law School.
Christopher Landau is the Ambassador Extraordinary and Plenipotentiary of the United States of America to the United Mexican States. Prior to his appointment in 2019, Ambassador Landau was a partner with Quinn Emanuel Urquhart & Sullivan, LLP and, before that, headed the Appellate Litigation Practice Group at Kirkland & Ellis, LLP. Ambassador Landau served as a law clerk to Justice Clarence Thomas, both on the Supreme Court of the United States and the United States Court of Appeals for the District of Columbia Circuit, and to Justice Antonin Scalia on the Supreme Court of the United States. He received his A.B., summa cum laude, from Harvard College and his J.D., magna cum laude, from Harvard Law School.
Carlos Muñiz is a Justice on the Supreme Court of Florida. Prior to his appointment in 2019, Justice Muñiz served as General Counsel to the United States Department of Education and in various positions in the Florida State government, including as Deputy Attorney General and Chief of Staff to Attorney General Pam Bondi. Justice Muñiz served as a law clerk to Judge Jose Cabranes on the United States Court of Appeals for the Second Circuit and to Judge Thomas Flannery on the United States District Court for the District of Columbia. Justice Muñiz received his B.A., with high honors, from the University of Virginia and his J.D. from Yale Law School.
Martha Pacold is a Judge on the United States District Court for the Northern District of Illinois. Prior to her appointment in 2019, Judge Pacold served as both Deputy General Counsel of the Department of the Treasury. Earlier in her career, Judge Pacold was a partner at Bartlit Beck Herman Palenchar & Scott, LLP and served as Counsel to the Attorney General at the United States Department of Justice. Judge Pacold served as a law clerk to Justice Clarence Thomas on the Supreme Court of the United States, to Judge Jay Bybee of the United States Court of Appeals for the Ninth Circuit, and to Judge A. Raymond Randolph of the United States Court of Appeals for the District of Columbia Circuit. Judge Pacold earned her B.A., with highest distinction, from Indiana University, and her J.D., with honors, from the University of Chicago Law School.
Peter Phipps is a Judge on the United States Court of Appeals for the Third Circuit. Prior to his elevation in 2019, Judge Phipps served as United States District Judge for the Western District of Pennsylvania. Before taking the bench, Judge Phipps served as Senior Trial Counsel in the Federal Programs Branch of the Civil Division at the United States Department of Justice. Judge Phipps served as a law clerk to Judge R. Guy Cole, Jr., of the United States Court of Appeals for the Sixth Circuit. He earned both his B.S. and his B.A., summa cum laude, from the University of Dayton and his J.D. from Stanford Law School.
Sarah Pitlyk is a Judge on the United States District Court for the Eastern District of Missouri. Prior to her appointment in 2019, Judge Pitlyk was Special Counsel at the Thomas More Society and in private practice at Clark & Sauer, LLC. Ms. Pitlyk served as a law clerk to then-Judge Brett Kavanaugh of the United States Court of Appeals for the District of Columbia Circuit. She received her B.A., summa cum laude, from Boston College; her M.A.’s from Georgetown University and the Katholieke Universiteit Leuven in Belgium; and her J.D. from Yale Law School.
Allison Jones Rushing is a Judge on the United States Court of Appeals for the Fourth Circuit. Prior to her appointment in 2019, Judge Rushing was a partner at Williams & Connolly, LLP. Judge Rushing clerked for Justice Clarence Thomas on the Supreme Court of the United States, Judge David Sentelle on the United States Court of Appeals for the District of Columbia Circuit, and then-Judge Neil Gorsuch on the United States Court of Appeals for the Tenth Circuit. Judge Rushing earned her B.A., summa cum laude, from Wake Forest University and her J.D., magna cum laude, from Duke University School of Law.
Kate Todd is Deputy Assistant to the President and Deputy Counsel to the President. Before her appointment in 2019, she served as Senior Vice President and Chief Counsel of the United States Chamber Litigation Center and as a partner at what was previously Wiley Rein & Fielding, LLP. Ms. Todd served as a law clerk to Justice Clarence Thomas of the Supreme Court of the United States and Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit. Ms. Todd earned her B.A., with distinction, from Cornell University and her J.D., magna cum laude, from Harvard Law School.
Lawrence VanDyke is a Judge on the United States Court of Appeals for the Ninth Circuit. Prior to his appointment earlier this year, Judge VanDyke served as Deputy Assistant Attorney General for the Environment and Natural Resources Division of the United States Department of Justice. Earlier in his career, Judge VanDyke served as both Solicitor General of Nevada and Solicitor General of Montana. Judge VanDyke served as a law clerk to Judge Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. He earned his B.S., with highest honors, from Montana State University; his B.Th., summa cum laude, from Bear Valley Bible Institute; and his J.D., magna cum laude, from Harvard Law School.
Respectfully,
Abdul-Jalil