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Appointed by President Bill Clinton in 1993, Ruth Bader Ginsburg was the oldest Supreme Court Justice in the United States and the second woman to hold that position.
In a statement, the court indicated that the judge’s death was due to “complications caused by pancreatic cancer.” In July, Ginsburg announced that he was receiving chemotherapy for liver damage, the latest of several battles he has fought with cancer since 1999.
Ginsburg was one of the four figures of the progressive wing of the institution, considered an indisputable leader in the defense of the rights of women and minorities. which led her to win admirers among various layers of the American population.
Her death therefore raises fears that she will be seen as a opportunity for the American president to try to expand the conservative majority in courteven before the presidential elections in November.
This possibility was already of great concern to Ginsburg. “My most fervent wish is that he not be replaced until a new president is installed,” the judge wrote in a letter left to her granddaughter, Clara Spera, days before her death.
Disagreements over the appointment of the substitute
The announcement of the death of Ruth Bader Ginsburg thus opened an intense political battle less than two months before the presidential elections. The big question now, and one that will undoubtedly dominate the final phase of the presidential candidates’ campaign, is her replacement.
The death of the judge is a severe blow to American progressives and could upset the balance of the institution to the benefit of conservatives.. For this reason, opinions on the choice of the replacement are divided: could Trump continue to be nominated or should he be in the hands of the next nominated president? The appointment of the Supreme Court justices is in charge of the president of the United States and must be confirmed by the Senate, currently with a Republican majority. The magistrates have a lifetime mandate and can only be replaced when they decide to retire or before a the impeachment process in Congress.
The laws of the country do not prevent the incumbent president from appointing a judge to the Supreme Court at any time during his term.The White House has already come to announce that President DOnald Trump is expected to appoint a Conservative replacement to replace Ginsburg as soon as possible. Senate Majority Leader Mitch McConnell also said Friday night that if a candidate ran before the election, Trump’s choice would be voted on.
However, the Democratic candidate for the White House, Joe Biden, defends that he should be the next president of the United States, elected on November 3, to choose the alternate judge.
“Tonight and in the days to come, we will focus on the death of the judge and her immortal legacy. But for the avoidance of doubt, let me be clear: the voters must choose the president and the president must choose the judge to be considered by the Senate. Joe Biden said in a statement broadcast live from his home in Delaware.
Biden recalled that in 2016, following the death of Conservative Supreme Court Justice Antonin Scalia, McConnell ignored the replacement chosen by then-President Barack Obama., and did not put his nomination to a vote, arguing that approval in an election year made no sense.
At the time, Biden noted, the presidential election was nearly nine months away, while now there are only 46 days left. “We are talking about the Constitution and the Supreme Court. This institution should not be subject to politics,” he said.
Obama, in a message left on his Facebook page to mourn Ginsburg’s death, recalls that very moment: “Four and a half years ago, when Republicans refused to hold a hearing or vote in Merrick Garland, they invented the principle that the Senate must not fill a vacancy on the Supreme Court before a new president takes office. ”
Trump’s predecessor emphasized that “A basic principle of the law – and of day-to-day justice – is that we apply the rules consistently and not on the basis of what is convenient or advantageous at the time.” The Supreme Court of the United States is made up of nine justices who have the power to change the laws of the country. In practice, they play a crucial role on issues such as abortion, immigrant rights, privacy, the death penalty, and gun ownership.
Since taking office, Trump has appointed two justices and the current court has a conservative 5-4 majority In most cases. The Democratic wing in the Senate is expected to do everything possible to avoid the appointment of a conservative judge, but the Republican majority in the Senate will not leave much of a chance.
With the likely appointment of another Supreme Court justice by Donald Trump, the Conservative majority will now have a 6-3 lead., which will undoubtedly have consequences for decisions on highly relevant issues, such as abortion and same-sex marriage.
Ginsburg’s legacy
Throughout an illustrious six-decade legal career, Ginsburg has received unprecedented recognition as an American attorney.
The lawyer was idolized for her progressive position on the most controversial issues in the Supreme Court, from the right to abortion to same-sex marriage.
Born in 1933 to Jewish parents, Ginsburg attended Harvard Law School, where she was one of nine women in a class of about 500 men.
Ginsburg did not receive a job offer after finishing her degree, but came to the Supreme Court in 1993 with a great curriculum for feminist rights. In 1970, she became one of the founders of the first legal journal focused on women’s rights, the Reporter on Women’s Law.
In 1972, she co-founded the Women’s Rights Project at the American Civil Liberties Union.. That same year, Ginsburg became the first full professor at Columbia Law School.
In 1980, the attorney was appointed to the Court of Appeals for the District of Columbia as part of then-President Jimmy Carter’s efforts to diversify the federal courts.
Reactions to your death
The United States flag was flown at half mast at the White House and the United States Congress to honor Judge Ruth Ginsburg.
Near Congress, a few hundred people gathered and lit candles near the United States Supreme Court building to pay tribute to the icon of the American left.
Former presidents, veteran politicians and several jurists left a message to mourn Ginsburg’s death, hailing his commitment to women’s rights.
Chief Justice of the United States John Roberts said that the country “lost a jurist of historical dimension.”
“We have lost an esteemed colleague. Today we are in mourning, but we are confident that future generations will remember Ruth Bader Ginsburg as we know her, a tireless and determined defender of justice,” he said.
Former President of the United States Jimmy Carter called her a “truly remarkable woman.” “A powerful legal mind and a true advocate for gender equality, she was a benchmark for justice during her long and remarkable career,” the former president wrote in a statement.
Praising her “quest for justice and equality,” George W. Bush, the 43rd president of the United States, also said that Ginsburg “inspired more than a generation of women.”
Barack Obama also mourned the death of the judge. Trump’s predecessor recalled Ruth Ginsburg’s path, describing it as a “warrior for gender equality “. “Judge Ginsburg helped us realize that discrimination based on sex is not about an abstract ideal of equality, that it not only hurts women and that it has real consequences for all of us. It’s about who we are and who we want to be, ”Obama wrote.
“Michelle and I have great admiration for her. We are deeply grateful for the legacy she left in this country and we offer our gratitude and condolences to her children and grandchildren, “added the former president.
On the social network Twitter, Hillary Clinton admitted that she was inspired by the 87-year-old judge when she ran against Donald Trump in the 2016 presidential election.Ginsburg paved the way for many women, including myself. There will never be another like her. Thank youClinton wrote.
Donald Trump was also “sad” by the news. Before Ginsburg’s death was known, the president of the United States was at a rally where he announced that he had published a list of 40 possible candidates for the Supreme Court, whom Trump described as “conservatives” who believe in the constitution.
The president was not informed of the judge’s death until after the rally. “Did she just die? Wow, I didn’t know that, ”Trump told reporters. “He had a fantastic life. What more can be said? She was an amazing woman. We agreed or not, she was an incredible woman who led a fantastic life.”, He added.
The Democratic candidate for the US presidency highlighted Ginsburg’s “unwavering” path, noting that she was a “fierce” judge.
“He practiced the highest American ideals as a judge of the Supreme Court. Ruth Ginsburg stood up for us all, ”said Joe Biden. “She was a consistently reliable voice in defense of freedom and opportunity for all,” she emphasized.
