Justice Ruth Bader Ginsburg’s death has not only increased the tension in an already-divisive election year; it has highlighted the fragility of the entire system.
It’s apparent that many people of all political stripes have an unhealthy obsession with the Supreme Court. For too long, it has been seen as little more than a partisan tool. Instead of focusing on whether justices follow a correct interpretation of the law, activists view it as a chance to change the fabric of the nation from the bench. We’ve seen it with praise for Roe v. Wade and the push to abolish the Affordable Care Act via court ruling, to name a few.
It’s also clear that the disunity in our country has only grown worse in recent years. Perhaps this has something to do with social media being expanded to the point where we cannot escape the opinions of others, but this gap between Left and Right extends far beyond online forums. Confirming Supreme Court nominees has come to rely on party-line votes. The hearings are now filled with biting rancor. The final vote totals for previous nominations tell the story of change.
Under President Ronald Reagan, the vote for Sandra Day O’Connor was 99-0, Antonin Scalia’s vote was 98-0, and Anthony Kennedy received a 97-0 vote. Under President George H.W. Bush, David Souter’s confirmation vote was 90-9. President Bill Clinton’s nominee, Ginsburg, was confirmed 96-3. During President George W. Bush’s tenure, Samuel Alito’s confirmation was split 58-42. President Barack Obama’s nominee Elena Kagan was approved 63-37. Finally, President Trump’s two nominees, Neil Gorsuch and Brett Kavanaugh, received 54-45 and 50-48, respectively. Previously, most jurists were treated with wide approval from senators. Now, partisan politics cover everything.
Ginsburg’s death has caused some to react in ways that suggest our very democracy is on the brink of collapse. This hysteria places far too much emphasis on the fallible human beings who sit on the highest court in the land. Furthermore, it suggests that we should look to them and not the elected members of Congress for legislative change. The Supreme Court is an important part of our government, but it should not have more power over the people than those sent to represent them in Washington, D.C.
On Monday, Senate Minority Leader Chuck Schumer said, “By all rights, by every modicum of decency and honor, Leader McConnell and the Republican Senate majority have no right to fill it, no right.” He then made reference to Ginsburg’s dying wish (as relayed by her granddaughter) that her seat not be filled until a new president took office.
Whether this story about Ginsburg is true isn’t the point. The idea that our elected government should bypass duties and norms and cede to a personal request is patently absurd. The Constitution is on the side of the Republican Party and Trump as they move forward with the confirmation process. It may not be to the liking of Democrats and other liberals, but that should not be factored into consideration.
The move to fill the seat of a departed justice quickly is also an indication of the preoccupation with the Supreme Court. It is true that Republicans have every legal right to pursue a replacement, even as the election is a little more than a month away. However, it does directly conflict with statements that many in the GOP made in 2016 when an outgoing President Obama nominated Merrick Garland almost ten months before the voters headed to the polls.
The hypocrisy present on both sides of the aisle is a direct reflection of a divided country at large. Voters are likely either strongly for or strongly against the move to confirm and replace. They view it as an utter defeat or a major victory. There is obvious mourning or exuberance over what lies ahead and how it will affect party politics for years to come. Now, more than ever before, it is apparent that the Supreme Court, its members, and their rulings rule our national discourse.
Kimberly Ross (@SouthernKeeks) is a contributor to the Washington Examiner’s Beltway Confidential blog and a columnist at Arc Digital.
