Ginsburg said in 2016 that "nothing in the Constitution" prohibits Senate from holding SCOTUS confirmation during election year

by Bryan Brammer · Sep 21st, 2020 2:15 pm
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Last Updated Sep 22nd, 2020 at 12:28 am

The death of Supreme Court Justice Ruth Bader Ginsburg has provoked several politicians to reverse course on whether a high-court vacancy should be filled during an election year, including the late justice herself.

Ginsburg, who died of complications from pancreatic cancer on Friday, allegedly told her granddaughter Clara Spera that, "My most fervent wish is that I will not be replaced until a new president is installed."

Democrats, including presidential nominee Joe Biden and Senate Minority Leader Chuck Schumer, are committed to doing everything possible to honor Ginsburg's request, warning President Trump that her replacement could only be named by the winner of the November election.

But in 2016, when President Obama wanted to replace the late conservative Justice Antonin Scalia with Merrick Garland, Democratic leaders and Ginsburg had no problem with the decision.

"There's nothing in the Constitution that says the president stops being the president in his last year," Ginsburg said in a New York Times interview at the time.

During that same year, Ginsburg shared her opinion that a divided court with an even number of justices is not an ideal way to move forward, even in the short term.

"Eight is not a good number," Ginsburg said.


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