On September 18th, 2020, the world was shocked to hear about the passing of Supreme Court Justice Ruth Bader Ginsburg. When a Supreme Court Judge dies, a replacement is picked by the current President, in this case, President Trump. In the history of the United States, there have been 113 Supreme Court Justices, so there has been a lot of power transfer with an easy transition. However, this transfer of power is anything but easy. A few days before Justice Ruth Bader Ginsburg’s passing, she told her granddaughter, Clara Spera, “My most fervent wish is that I will not be replaced until a new president is installed.” In other words, her dying wish was for the government to wait for the results of the next election until a new Justice is replaced. 

The United States has seen this situation take place before with President Obama. Back in 2016, before the 2016 Presidential Election, Antonin Scalia died. The Senate Majority Leader, Mitch McConnell, declared that President Obama should not decide who the next Supreme Court Justice would be. Instead, the next president should. This decision occurred almost a full ten months before the election. Another note that should be considered is that according to CNBC, it takes an average of sixty-seven days. The number of days from Supreme Court Ruth Bader Ginsburg’s death to the 2020 Presidential Election is forty-six. Due to how quick President Trump would have to pick a new Justice, many have said he should not pick the next Supreme Court Justice. However, Mitch McConnell ruled otherwise and said since President Trump is still in office, he should be allowed to determine the next Supreme Court Nominee before the election results. 

President Trump has quickly chosen the new Supreme Court Justice, Amy Coney Barrett. She is a conservative graduate of Notre Dame Law School and earned the Hoynes Prize for being the top student of her class. Barrett also worked for Miller, Cassidy, Larroca & Lewin, a prestigious law firm in Washington D.C. After working at this law firm for many years, Barrett was nominated to be in the U.S. Court of Appeals for the Seventh Circuit, which covers Illinois, Indiana, and Wisconsin, in 2017 by President Trump. Thus she already has ties with Trump’s Administration. The Supreme Court Nominee has the credentials to be on the Supreme Court, but many have been quick to criticize her conservative views. She has many controversial opinions about abortion and immigration. Barrett also has criticized the Affordable Care Act, which cuts healthcare taxes of lower-income citizens.

With the death of Ruth Bader Ginsburg, the upcoming election, and the sudden arrival of a Supreme Court Nomination, Americans, and history, are indeed watching with observant eyes. 

Works Cited

“Amy Coney Barrett.” Biography.com, A&E Networks Television, 28 Sept. 2020, www.biography.com/law-figure/amy-coney-barrett.

Liptak, Adam. “Barrett’s Record: A Conservative Who Would Push the Supreme Court to the Right.” The New York Times, The New York Times, 12 Oct. 2020, www.nytimes.com/article/amy-barrett-views-issues.html.

Scott Clement, Emily Guskin. “Majority Says Winner of Presidential Election Should Nominate next Supreme Court Justice, Post-ABC Poll Finds.” The Washington Post, WP Company, 25 Sept. 2020, www.washingtonpost.com/politics/poll-supreme-court-ginsburg-trump-biden/2020/09/25/0f634e6c-fe6a-11ea-8d05-9beaaa91c71f_story.html.

Totenberg, Nina. “Justice Ruth Bader Ginsburg, Champion Of Gender Equality, Dies At 87.” NPR, NPR, 18 Sept. 2020, www.npr.org/2020/09/18/100306972/justice-ruth-bader-ginsburg-champion-of-gender-equality-dies-at-87.

Tuckerhiggins. “A Supreme Court Confirmation before Election Day Would Be Quick, but Not Unprecedented.” CNBC, CNBC, 25 Sept. 2020, www.cnbc.com/2020/09/25/how-long-to-confirm-supreme-court-justice.html.