By JOHN KANELIS / firstname.lastname@example.org
This blog post was supposed to be a commentary on the stakes facing us in the upcoming presidential election and the impact it will have on the federal judiciary.
Then came the sad news: Supreme Court Justice Ruth Bader Ginsburg died today of cancer at the age of 87. Folks, the stakes just got exponentially greater by a factor I cannot at this moment calculate.
But I’ll go on with what I had written. There will be much more to say about the immediate future of the Supreme Court.
Americans aren’t just voting for president of the United States. We also are casting our ballots to determine the course of constitutional interpretation by the powerful federal judiciary.
Donald Trump wants another four years to drag the nation’s highest court so far to the right as to make it unrecognizable from where it stands at this moment. He has boasted about possibly making two more appointments, to go along with the two men he picked during his current term. Now comes the news of Ruth Bader Ginsburg’s death and quite suddenly, the balance of the court becomes a gigantic factor.
Trump even has gone so far as to offer a list of 20 candidates for the Supreme Court that he would consider were he re-elected.
So help me we cannot let that happen.
Joe Biden has declared his intention to select an African-American woman to the nation’s top appellate court. He did vow to select a woman with whom he would run for office and has made good on that pledge.
Given what we know — or think we know — about Joe Biden’s own judicial temperament, I am hoping he would go for center-left selections to the Supreme Court.
Of course, all of this depends on Biden getting elected president in November.
In addition, we have this other key set of elections occurring. They involve the U.S. Senate, which at the moment has 53 Republicans — a scant majority — in control of the upper legislative chamber. Democrats have to flip four Senate seats to claim a majority.
This is big stuff, man. We already have seen how the GOP majority conducts itself with Supreme Court appointments. The miserable raw political move in stymying President Obama’s choice in 2016 of Merrick Garland to succeed the late Justice Antonin Scalia told me plenty about how dirty the GOP can get.
That said, Senate control ranks a very close second to White House control in this upcoming election. The legislative, executive and judicial branches of government are separate and have equal power under the Constitution. They are linked inextricably, though, through the power of our individual votes.
I am one American patriot who does not want to see this delicate government balance upended if we fail to act on the need for change in the White House and the Senate.