Ginsburg’s successor is relevant not only to the American judiciary, but to all of American politics.
The Supreme Court is the highest American body with judicial power and consequently has a lot of power. Article 3 of the United States Constitution guarantees the independence of judges. It affirms that the judiciary can remain in office “as long as its position is impeccable.”
However, members of the highest court in the United States also have political convictions. And their appointment for life, which actually provides for article 3, can lead to these sentences being consolidated in jurisprudence for a long time. The deciding factor for this line is the balance of power in the Supreme Court, which results from the interaction of individual judges.
The president of the United States shapes the body
Since 1869, the Supreme Court has been comprised of a total of nine justices. Under the constitution, the president of the United States appoints justices “with the advice and consent” of the Senate, thus requiring a (simple) majority of 100 senators.
If a president does not have a political majority in the Senate, the Senate can block a candidate. More recently, in 2016, Republicans refused to confirm Barack Obama’s proposal, arguing that a new judge should not be appointed in the election year.
Conservatives currently have an advantage
After the death of US Justice Ruth Bader Ginsburg, the Washington Supreme Court, which actually had nine justices, had to temporarily work with eight justices. Five of them are considered conservative, three represent – as Ruth Bader Ginsburg did before her death – the liberal bloc. During her tenure, the president of the United States, Donald Trump, already appointed two conservative judges of the United States.
Depending on which US president appoints Ginsburg’s successor before or after the presidential election, the liberals on the US Supreme Court could continue to lose weight or at least maintain their influence.
In the image gallery, an overview of the remaining eight judges is organized according to their political orientation, from left liberal to conservative: