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| Trump vows to select Ginsburg replacement 'without delay' – live | Trump vows to select Ginsburg replacement 'without delay' – live |
| (32 minutes later) | |
| President tweets about ‘most important’ duty | President tweets about ‘most important’ duty |
| One fear for Democrats is that wavering Republican voters will rally to the GOP in November’s elections to ensure a conservative replaces Ruth Bader Ginsburg, even if they view Donald Trump with distaste. | |
| It appears that Republicans in close Senate races are already using the supreme court’s future in an attempt to win votes. North Carolina Republican senator Thom Tillis said on Saturday that he wanted a new justice in as soon as possible. | |
| “Four years ago, a Supreme Court vacancy arose under divided government and a lame-duck president as Americans were choosing his successor. Today, however, President Trump is again facing voters at the ballot box and North Carolinians will ultimately render their judgment on his presidency and how he chooses to fill the vacancy,” he said in a statement. | |
| Tillis is trailing his Democrat opponent, Cal Cunningham, in the polls for the Senate seat and played on conservative voters’ fears in his statement. “There is a clear choice on the future of the Supreme Court between the well-qualified and conservative jurist President Trump will nominate and I will support, and the liberal activist Joe Biden will nominate and Cal Cunningham will support, who will legislate radical, left-wing policies from the bench,” he said. | |
| Vice presidential nominee Kamala Harris visited the supreme court this morning as Americans paid tribute to Ruth Bader Ginsburg. Harris have her own thoughts of Ginsburg on Twitter: | |
| “Justice Ginsburg was a titan—a relentless defender of justice and a legal mind for the ages,” Harris wrote. “The stakes of this election couldn’t be higher. Millions of Americans are counting on us to win and protect the Supreme Court—for their health, for their families, and for their rights.” | |
| Meanwhile, writing in The Hill, Roger House gives an interesting choice for a successor to Ginsburg should Joe Biden get to have his say: Michelle Obama. | |
| “In Michelle Obama, concerned Americans would be comforted by her well-known intellectual acumen and dedication to the goals of equal justice with fairness. She is singularly qualified to occupy the seat that inherits the ideals of Justice Ginsburg,” writes House. | |
| You can read the full article here. | |
| Ruth Bader Ginsburg was born and raised in Brooklyn, and New York governor Andrew Cuomo has announced a statue of the supreme court justice will be erected in the borough. | Ruth Bader Ginsburg was born and raised in Brooklyn, and New York governor Andrew Cuomo has announced a statue of the supreme court justice will be erected in the borough. |
| “NY’s heart breaks with the passing of Justice Ruth Bader Ginsburg,” wrote Cuomo on Twitter. “During her extraordinary career, this Brooklyn native broke barriers & the letters RBG took on new meaning—as battle cry & inspiration. Her legal mind & dedication to justice leave an indelible mark on America.” | “NY’s heart breaks with the passing of Justice Ruth Bader Ginsburg,” wrote Cuomo on Twitter. “During her extraordinary career, this Brooklyn native broke barriers & the letters RBG took on new meaning—as battle cry & inspiration. Her legal mind & dedication to justice leave an indelible mark on America.” |
| He added: “This statue will serve as a physical reminder of Justice Ginsburg’s monumental contributions to the America we know today and as an inspiration for all.” | He added: “This statue will serve as a physical reminder of Justice Ginsburg’s monumental contributions to the America we know today and as an inspiration for all.” |
| You can read more on Ginsburg’s extraordinary life in our obituary here: | You can read more on Ginsburg’s extraordinary life in our obituary here: |
| One video doing the rounds today is of Republican senator Lindsey Graham’s comments from 2016 on the nomination of a new justice. | One video doing the rounds today is of Republican senator Lindsey Graham’s comments from 2016 on the nomination of a new justice. |
| After the death of conservative supreme court justice Antonin Scalia in 2016, Graham said a replacement should not be decided until Barack Obama was out of power - something that came to pass. The Republican justification at the time was that a new president should decide the new justice. | After the death of conservative supreme court justice Antonin Scalia in 2016, Graham said a replacement should not be decided until Barack Obama was out of power - something that came to pass. The Republican justification at the time was that a new president should decide the new justice. |
| “I want you to use my words against me. If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let’s let the next president, whoever it might be, make that nomination,” said at the time. | “I want you to use my words against me. If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let’s let the next president, whoever it might be, make that nomination,” said at the time. |
| The video has been retweeted regularly since the death of Ruth Bader Ginsburg was announced, including by Hawaii senator Brian Schatz who added the word: “DONE”. | The video has been retweeted regularly since the death of Ruth Bader Ginsburg was announced, including by Hawaii senator Brian Schatz who added the word: “DONE”. |
| Given that Graham is perfectly happy to go back on his word when it suits him, don’t expect the videos to make much difference. | Given that Graham is perfectly happy to go back on his word when it suits him, don’t expect the videos to make much difference. |
| The death of Justice Ruth Bader Ginsburg has sparked a titanic political fight that could shape the future of US supreme court decisions on abortion rights, voting rights and other fundamental issues for a generation. | The death of Justice Ruth Bader Ginsburg has sparked a titanic political fight that could shape the future of US supreme court decisions on abortion rights, voting rights and other fundamental issues for a generation. |
| That fight could also determine the contours of American society for the next 30 to 40 years, given the central role the court plays in legislating on cultural, social and political issues. | That fight could also determine the contours of American society for the next 30 to 40 years, given the central role the court plays in legislating on cultural, social and political issues. |
| The Senate confirmation battle to come will be a reminder of the influence the court wields within the US system of government and the impact it has on the lives of ordinary citizens. | The Senate confirmation battle to come will be a reminder of the influence the court wields within the US system of government and the impact it has on the lives of ordinary citizens. |
| Donald Trump has already appointed two supreme court justices – but both were conservatives replacing conservatives. If the president succeeds with a Ginsburg replacement it will fundamentally change the shape of the court, since it would replace a liberal with a conservative. This would deliver a handsome majority on the court and probably change American life in unprecedented ways. | Donald Trump has already appointed two supreme court justices – but both were conservatives replacing conservatives. If the president succeeds with a Ginsburg replacement it will fundamentally change the shape of the court, since it would replace a liberal with a conservative. This would deliver a handsome majority on the court and probably change American life in unprecedented ways. |
| The ability of the court to interpret legislation from abortion to voting rights and from racial segregation to LGBTQ+ issues means that a successful appointment would probably be Trump’s lasting legacy. Supreme court justices serve open-ended terms, impacting the country decades after any president leaves the White House. | The ability of the court to interpret legislation from abortion to voting rights and from racial segregation to LGBTQ+ issues means that a successful appointment would probably be Trump’s lasting legacy. Supreme court justices serve open-ended terms, impacting the country decades after any president leaves the White House. |
| You can read the full story below: | You can read the full story below: |
| Donald Trump has once again reiterated his desire to select a new supreme court justice while the Republicans have power over the presidency and Senate. | Donald Trump has once again reiterated his desire to select a new supreme court justice while the Republicans have power over the presidency and Senate. |
| “We were put in this position of power and importance to make decisions for the people who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court Justices. We have this obligation, without delay!” the president tweeted on Saturday morning. | “We were put in this position of power and importance to make decisions for the people who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court Justices. We have this obligation, without delay!” the president tweeted on Saturday morning. |
| For more on why Trump is so keen to get a new justice in place, here’s a very useful explainer from our own Tom McCarthy: | For more on why Trump is so keen to get a new justice in place, here’s a very useful explainer from our own Tom McCarthy: |
| Various sources have reported that Donald Trump wants a woman to succeed Ruth Bader Ginsburg. If those reports are true, the most likely candidate would be the 48-year-old Amy Coney Barrett, who could potentially sit on the Supreme Court for decades. Here’s how our national affairs correspondent, Tom McCarthy, describes her: | Various sources have reported that Donald Trump wants a woman to succeed Ruth Bader Ginsburg. If those reports are true, the most likely candidate would be the 48-year-old Amy Coney Barrett, who could potentially sit on the Supreme Court for decades. Here’s how our national affairs correspondent, Tom McCarthy, describes her: |
| Barrett was previously a professor at the Notre Dame Law School, and was part of a pro-life group at the university. In 2015, she co-signed a letter to Catholic bishops that, among other things, promoted “the significance of sexual difference and the complementarity of men and women; on openness to life and the gift of motherhood; and on marriage and family founded on the indissoluble commitment of a man and a woman.” | Barrett was previously a professor at the Notre Dame Law School, and was part of a pro-life group at the university. In 2015, she co-signed a letter to Catholic bishops that, among other things, promoted “the significance of sexual difference and the complementarity of men and women; on openness to life and the gift of motherhood; and on marriage and family founded on the indissoluble commitment of a man and a woman.” |
| Meghan, the Duchess of Sussex, has paid tribute to Ruth Bader Ginsburg in a statement in which she calls her “a justice of courage”. | Meghan, the Duchess of Sussex, has paid tribute to Ruth Bader Ginsburg in a statement in which she calls her “a justice of courage”. |
| “With an incomparable and indelible legacy, Ruth Bader Ginsburg will forever be known as a woman of brilliance, a justice of courage, and a human of deep conviction,” wrote the duchess in a statement. “She has been a true inspiration to me since I was a girl. Honour her, remember her, act for her.” | “With an incomparable and indelible legacy, Ruth Bader Ginsburg will forever be known as a woman of brilliance, a justice of courage, and a human of deep conviction,” wrote the duchess in a statement. “She has been a true inspiration to me since I was a girl. Honour her, remember her, act for her.” |
| The November elections take place in 46 days. For those wondering if that’s too short a time For Donald Trump and the Republican-held Senate to usher in Ruth Bader Ginsburg’s successor the answer is: it is not. Bader Ginsburg herself was confirmed in just 42 days. CNN has produced a list of how long it took to replace the current Supreme Court justices: | The November elections take place in 46 days. For those wondering if that’s too short a time For Donald Trump and the Republican-held Senate to usher in Ruth Bader Ginsburg’s successor the answer is: it is not. Bader Ginsburg herself was confirmed in just 42 days. CNN has produced a list of how long it took to replace the current Supreme Court justices: |
| Brett Kavanaugh (88 days), Neil Gorsuch (65 days), Elena Kagan (87 days), Sonia Sotomayor (66 days), Samuel Alito (82 days), John Roberts (62 days), Clarence Thomas (99 days) | Brett Kavanaugh (88 days), Neil Gorsuch (65 days), Elena Kagan (87 days), Sonia Sotomayor (66 days), Samuel Alito (82 days), John Roberts (62 days), Clarence Thomas (99 days) |
| Ruth Bader Ginsburg’s death adds even more weight to November’s elections, with both Democrats and Republicans saying that voters will not only decide the presidency but the long-term future of the supreme court (assuming her replacement isn’t confirmed by then). Vice-presidential nominee Kamala Harris sent out a fundraising email to supporters this morning saying what she believes is on the line: | Ruth Bader Ginsburg’s death adds even more weight to November’s elections, with both Democrats and Republicans saying that voters will not only decide the presidency but the long-term future of the supreme court (assuming her replacement isn’t confirmed by then). Vice-presidential nominee Kamala Harris sent out a fundraising email to supporters this morning saying what she believes is on the line: |
| Such was Ruth Bader Ginsburg’s standing that even members of the Trump family – who are hardly known for complimenting liberals – have been praising her life and career. | Such was Ruth Bader Ginsburg’s standing that even members of the Trump family – who are hardly known for complimenting liberals – have been praising her life and career. |
| Donald and Eric Trump paid tribute to her last night, with the first lady and Donald Trump Jr joining them this morning. | Donald and Eric Trump paid tribute to her last night, with the first lady and Donald Trump Jr joining them this morning. |
| “Agree with her or not, she was a true trailblazer and fighter until the end,” tweeted Donald Trump Jr this morning. The first lady, meanwhile, called Bader Ginsburg’s death “an immense loss”, adding on Twitter: “Her tenacity & strength were matched by her intellect & compassion, & her spirit will live on in all she has inspired. My prayers are with her family & all who loved her.” | “Agree with her or not, she was a true trailblazer and fighter until the end,” tweeted Donald Trump Jr this morning. The first lady, meanwhile, called Bader Ginsburg’s death “an immense loss”, adding on Twitter: “Her tenacity & strength were matched by her intellect & compassion, & her spirit will live on in all she has inspired. My prayers are with her family & all who loved her.” |
| If you’re asking yourself what happens next, or how the confirmation of a supreme court justice works, or any similar question, national affairs correspondent Tom McCarthy has just the piece for you: | If you’re asking yourself what happens next, or how the confirmation of a supreme court justice works, or any similar question, national affairs correspondent Tom McCarthy has just the piece for you: |
| It seems Joe Biden may be planning on staying quiet today… | It seems Joe Biden may be planning on staying quiet today… |
| …while Donald Trump has not yet passed comment this morning: | …while Donald Trump has not yet passed comment this morning: |
| Slight hobby horse here: Ruth Bader Ginsburg’s replacement may well be decided and pushed through by a president who lost the popular vote by almost 3m ballots and a Senate where, if you count the popular vote, the party which holds control received almost 18m fewer than the one which sits in the minority. | Slight hobby horse here: Ruth Bader Ginsburg’s replacement may well be decided and pushed through by a president who lost the popular vote by almost 3m ballots and a Senate where, if you count the popular vote, the party which holds control received almost 18m fewer than the one which sits in the minority. |
| Whichever way you think about that, even if you’re not like me and go to sleep every night cursing Gunning Bedford Jr and raving about why there should be two Dakotas, it’s a bizarre, alarming and uniquely American situation. | Whichever way you think about that, even if you’re not like me and go to sleep every night cursing Gunning Bedford Jr and raving about why there should be two Dakotas, it’s a bizarre, alarming and uniquely American situation. |
| Here’s a very good explainer from Vox. And here’s a chunk of an interview I did this summer with someone else who thinks about such things, if in much greater detail and with far greater knowledge than me: former Obama speechwriter David Litt: | Here’s a very good explainer from Vox. And here’s a chunk of an interview I did this summer with someone else who thinks about such things, if in much greater detail and with far greater knowledge than me: former Obama speechwriter David Litt: |
| The whole piece is here: | The whole piece is here: |
| Senate Democrats will reportedly hold a caucus call at 1pm today, to discuss their first moves in the unfolding battle over a replacement for Ruth Bader Ginsburg. | Senate Democrats will reportedly hold a caucus call at 1pm today, to discuss their first moves in the unfolding battle over a replacement for Ruth Bader Ginsburg. |
| In the meantime, should you find yourself wondering if Mitch McConnell will succeed in the coming fight to get a supreme court nomination done in less than 50 days, right before a presidential election – or in the lame duck period after it, if needs be – consider this. | In the meantime, should you find yourself wondering if Mitch McConnell will succeed in the coming fight to get a supreme court nomination done in less than 50 days, right before a presidential election – or in the lame duck period after it, if needs be – consider this. |
| When Donald Trump was wobbling on Brett Kavanaugh, his second supreme court nominee who faced accusations of sexual assault which, amid astonishing scenes in a Senate committee room, he strenuously denied, Mitch McConnell famously told the president: “I’m stronger than mule piss” on this guy. | When Donald Trump was wobbling on Brett Kavanaugh, his second supreme court nominee who faced accusations of sexual assault which, amid astonishing scenes in a Senate committee room, he strenuously denied, Mitch McConnell famously told the president: “I’m stronger than mule piss” on this guy. |
| Kavanaugh was duly confirmed to replace the retiring Anthony Kennedy, a conservative project done and dusted, and the Senate majority leader’s staff duly celebrated with special “Mule Piss” cocktails. | Kavanaugh was duly confirmed to replace the retiring Anthony Kennedy, a conservative project done and dusted, and the Senate majority leader’s staff duly celebrated with special “Mule Piss” cocktails. |
| McConnell’s determination to remake the federal judiciary has been as widely reported as his “mule piss” remark. For just one instance, he told Tim Alberta of Politico, the author of American Carnage: On the Frontlines of the Republican Civil War and the Rise of President Trump: | McConnell’s determination to remake the federal judiciary has been as widely reported as his “mule piss” remark. For just one instance, he told Tim Alberta of Politico, the author of American Carnage: On the Frontlines of the Republican Civil War and the Rise of President Trump: |
| Justice Ruth Bader Ginsburg, who died on Friday at the age of 87, was a giant of American public life. Tributes have poured in, mourners have gathered at the court in Washington, its steps strewn with flowers. | Justice Ruth Bader Ginsburg, who died on Friday at the age of 87, was a giant of American public life. Tributes have poured in, mourners have gathered at the court in Washington, its steps strewn with flowers. |
| Tributes and memorials will continue. But now she belongs to the ages, the politics of the Trump age can – and will – take things from here. | Tributes and memorials will continue. But now she belongs to the ages, the politics of the Trump age can – and will – take things from here. |
| “My most fervent wish,” the justice said days before her death on Friday, “is that I will not be replaced until a new president is installed.” | “My most fervent wish,” the justice said days before her death on Friday, “is that I will not be replaced until a new president is installed.” |
| She may not be, but the Senate majority leader, Mitch McConnell, and Donald Trump are going to give it a damned good try. | She may not be, but the Senate majority leader, Mitch McConnell, and Donald Trump are going to give it a damned good try. |
| There are 45 days to go until the election and confirmations are lengthy and fraught things, as Brett Kavanaugh proved in 2018. But even should Trump lose to Joe Biden on 3 November, and the Democrats take back the Senate, there is a lame duck period until the inauguration in late January. Republicans in the Senate require a simple majority to put a fifth solid conservative – if you take Chief Justice John Roberts for a wobbler, as some on the right do – on the highest court. | There are 45 days to go until the election and confirmations are lengthy and fraught things, as Brett Kavanaugh proved in 2018. But even should Trump lose to Joe Biden on 3 November, and the Democrats take back the Senate, there is a lame duck period until the inauguration in late January. Republicans in the Senate require a simple majority to put a fifth solid conservative – if you take Chief Justice John Roberts for a wobbler, as some on the right do – on the highest court. |
| The statements and views of key Republican senators now come under the spotlight. | The statements and views of key Republican senators now come under the spotlight. |
| Lindsey Graham, chair of the judiciary committee and an avid Trump ally facing a tough re-election fight in South Carolina, said this in 2016, when McConnell was refusing to give Barack Obama’s pick to replace Antonin Scalia, Merrick Garland, even so much as a hearing: | Lindsey Graham, chair of the judiciary committee and an avid Trump ally facing a tough re-election fight in South Carolina, said this in 2016, when McConnell was refusing to give Barack Obama’s pick to replace Antonin Scalia, Merrick Garland, even so much as a hearing: |
| Lisa Murkowski of Atlanta, a moderate who has gone against Trump before, said this shortly before Ginsburg’s death: “I would not vote to confirm a supreme court nominee. We are 50-some days away from an election.” | Lisa Murkowski of Atlanta, a moderate who has gone against Trump before, said this shortly before Ginsburg’s death: “I would not vote to confirm a supreme court nominee. We are 50-some days away from an election.” |
| Susan Collins of Maine, a moderate who has expressed concerns about any threat to abortion rights, is well down in her re-election race. | Susan Collins of Maine, a moderate who has expressed concerns about any threat to abortion rights, is well down in her re-election race. |
| Mitt Romney of Utah isn’t up for re-election but he was the only Republican to vote to impeach Trump. He will be watched closely too. | Mitt Romney of Utah isn’t up for re-election but he was the only Republican to vote to impeach Trump. He will be watched closely too. |
| Of course, the word of the average Republican senator – the average politician, to be fair – isn’t worth the tweet it’s written in or the microphone it’s hurriedly spoken into. A battle royale is on the way in Washington. Here’s Lauren Gambino: | Of course, the word of the average Republican senator – the average politician, to be fair – isn’t worth the tweet it’s written in or the microphone it’s hurriedly spoken into. A battle royale is on the way in Washington. Here’s Lauren Gambino: |