Will Trump Rush to Replace RBG on the Supreme Court?

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If President Trump tries to push a replacement for Ruth Bader Ginsburg through, it could become a rare and powerful litmus test for voters. ed_kilgore writes

Photo: MANDEL NGAN/AFP via Getty Images The news of the death of Supreme Court Justice Ruth Bader Ginsburg at the age of 87 was a terrible tragedy to progressives. Aside from the loss of a liberal icon on the Court, her passing raises the already huge stakes of the 2020 elections. Precisely because Donald Trump may lose the presidency and his party may lose control of the Senate , Republicans might be tempted to rush through a Supreme Court replacement before the end of the year.

The Senate Republicans responsible for confirming a Supreme Court justice have been clear that they would be willing to fill a SCOTUS opening late in Trump’s term, brushing aside GOP resistance to President Obama’s nomination of Merrick Garland months before the 2012 election. Senate Republican leader Mitch McConnell is clearly ready to get it done, either before or after Election Day:

Senate Majority Leader Mitch McConnell, R-Ky., said Friday night that he intends to allow for a floor vote in the Senate to confirm a new nominee made by President Donald Trump to replace the Supreme Court vacancy left by Ruth Bader Ginsburg.“In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise.

So will Trump gamble his presidential prospects on his base’s determination to flip the Supreme Court right away? It’s unclear. RBG’s death could help make Democrats care about the Supreme Court, too. But there is no question Trump and congressional Republicans will be under intense pressure to confirm lifetime appointments of jurists who want to reverse federal judicial president favoring rights for women and other progressive constitutional tenets.

It’s obvious that Republicans will view RBG’s sad demise as a windfall. But the odds remain high that her replacement on the Court will be made by the next president and the next Congress. And if Trump tries to push a replacement through, it could become a rare and powerful litmus test for voters.

 

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