Why the death of Ruth Bader Ginsburg changes the data of the American elections

Sunday, September 20, 2020, 00:02

We often hear that a death leaves a void: in the case of Ruth Bader Ginsburg this is absolutely true. Ginsburg was an iconic figure: A prominent lawyer, advocate for women’s rights and individual freedoms, she represented traditional liberal America on the Supreme Court. Her successor will influence American politics for decades.

In Europe, it is difficult to understand the importance of the Supreme Court for the United States. The concise and old Constitution of the United States, which requires interpretation and the separation of powers that make legislation difficult, makes the Court a primary body politic: its rulings have decisively influenced American political developments, from the financing of candidates and the state power to abortion rights, equal rights for African Americans, and positive discrimination.

This entanglement and growing polarization between liberal and conservative America has led to the politicization of the role of the Court and its (nine) members. The choice of judges, who are constitutionally appointed by the president and approved by the Senate, is judged not on the basis of their legal knowledge, but on the basis of their (alleged) position on the major issues that divide American society. and they arrive at the Court of Justice. future.

Since the Bush administration, control of the Court has become an important political issue for both parties. In recent years, the Court has been characterized by a balance between four conservatives, four liberals and a ‘centrist’ judge who has often ruled in favor. Ginsburg, appointed in 1993 by President Clinton, was the stronghold of the Liberals.

The last two judge appointments by President Trump (Neil Gorsuch and Brett Kavanaugh) were approved by the Senate on an almost purely partisan basis and tipped the court in favor of the Conservatives, but they did not radically change the balance: the president of the Court John Roberts, although conservative, preferred to become more “centrist” for fear of eroding the legitimacy of the Court by its excessive politicization. Ginsburg’s death no longer allows such stunts. The new judge will set the course of the Court for many years: the fight is which president and which Senate will elect him. The intention of the Republicans to approve the new judge before the presidential elections and the renewal of the Senate, and the reaction of the Democrats, show that now both parties are putting the majority in Congress, including in the White House, second place in relation to the control of the Supreme Court.

The implications for the November election are uncertain: Trump will consolidate the Republican base with the promise of a conservative court for a generation. Democrats will mobilize their voters for the soul of America. Biden could threaten to increase the number of justices (the number is set by law and not the constitution) if Republicans go ahead of the election.

From Monday to January 2021, when the new Congress takes office, the battle for the succession of Ruth Bader Ginsburg will be a new scenario in which the division of the Americans will emerge. The winner will determine, more than the new president, the direction of the country.

* Giannis Papageorgiou is Associate Professor, Department of Political Science, AUTh.