Friday, September 25, 2020

Ruth Bader Ginsburg's Dying Wish

This post will be relatively short.

I refuse to believe that Ruth Bader Ginsburg (RBG) made the 'dying wish' that she allegedly made.  Nevermind the fact that dying wishes are not binding.

By all accounts, RBG was a brilliant jurist.  She worked very hard to get to the top court.  And while many might have disagreed with her politics, myself included, no one seems to have a negative thing to say about her dedication to the law and to the office she held.

The main document, indeed the ONLY document she was to use to guide her legal decision-making was the Constitution of the United States of America. She took an oath to protect and defend it.  Presidents too take the same oath.  She had as much reason as any to know what was written in that document.  That document instructs Presidents to nominate members to the Supreme Court.

Why then, as her dying wish, would she suggest that someone else, specifically Donald Trump, ignore what the Constitution instructs him to do?

It can't be because there isn't enough time.  Three Justices, RBG included, were nominated and confirmed in a length of time shorter than the time remaining before election day.  Even so, the questions about time are not the concern of the Supreme Court.

And it can't be because it's an election year.  RBG said in 2016 that Presidents are elected for four years, not three.  She even warned against the danger of a Supreme Court that could deadlock on questions about the election.

No, I don't believe that, at the last minute, RBG would be interested in tarnishing a stellar career and her decades of public service to make a politically explosive final wish.

 

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