Supreme Court Justice Ruth Bader Ginsburg is dead.
In the days leading up to her death, the late justice reportedly dictated the following statement to her granddaughter: “My most fervent wish is that I will not be replaced until a new president is installed.”
Fervent or not, President Trump and Republican leadership are likely to ignore that wish.
On Aug. 11, during an interview with conservative commentator Hugh Hewitt, the president confirmed that he would not hesitate to fill a Supreme Court vacancy if one opened in the final months before Election Day.
“First serious question — in the last five months of this term,” said Hewitt, “for the last five months of your second term if you get one, would you make a nomination to fill a vacancy that occurred on the Supreme Court?”
Trump pressed for clarification, “You mean if something happened like now?”
“Yeah,” said Hewitt.
“Absolutely,” the president answered. “I’d do it. Sure.”
Hewitt interjected, “Someone in mind?”
“You know,” reflected the president, “I don’t know what you’re talking about, time, but if you’re talking about if something would happen now, no, I would move quickly. Why not? I mean, they would. The Democrats would if they were in this position.”
Idle musing on the president’s part? Perhaps. He does talk a big game.
Then again, let’s not forget that the Trump White House this month updated its shortlist of potential Supreme Court nominees to include 20 new candidates, including Republican Sens. Tom Cotton of Arkansas, Ted Cruz of Texas, and Josh Hawley of Missouri.
“Our cherished rights are at risk, including the right to life and our great Second Amendment. Over the next four years, America’s president will choose hundreds of federal judges and, in all likelihood, one, two, three, and even four Supreme Court justices,” Trump said during a Sept. 9 press briefing.
He added, “The outcome of these decisions will determine whether we hold fast to our nation’s founding principles or whether they are lost forever.”
Cruz signaled that he would accept the position if nominated.
“I am grateful for the president’s confidence in me and for his leadership in nominating principled constitutionalists to the federal bench over the last four years,” said the Texas lawmaker. “As a member of the Senate Judiciary Committee, I’ve been proud to help confirm to the bench over 200 of President Trump’s judicial nominees, including two to the Supreme Court. It’s humbling and an immense honor to be considered for the Supreme Court.”
Cotton likewise suggested he would also accept the nomination, tweeting none-too-subtly after the release of the updated list, “It’s time for Roe v. Wade to go.”
It seems doubtful that Trump and Republicans will be able to fill the vacancy left by Ginsburg before Election Day. There will be far too much opposition from both Democratic and Republican lawmakers, far too much politicking, and too little time for the GOP to get someone nominated and approved by the Senate.
But based on the president’s remarks to Hewitt, coupled with the White House updating its list of potential Supreme Court nominees, the long odds do not mean the Trump administration won’t try.
