Lots and lots of pixels will flicker and die in uncounted editorials regarding the passing of Ruth Bader Ginsburg (RBG), Associate Justice of the Supreme Court, who died at an awkward time of week and awkward point of the election cycle last Friday, September 18.
After her latest hospitalization, I personally thought that she was not going to last much longer. However, the caboose to that thought was an irrational belief in her demonstrated tenacity and strength in a prolonged battle against an uncaring opponent — metastatic pancreatic cancer. Because of her prominence, her medical difficulties were well known. She went down fighting, with all kinds of class and dignity.
May flights of angels sing her to her rest, and may Antonin Scalia welcome her with open arms to join in a heavenly reward.
Which should not lead anybody to think that I agreed with all of her politics or judicial legacy:
Amy Howe at SCOTUSblog provides a good RBG retrospective:
I recommend reading the entire article.
A quick note on local priorities
The article we published last week on the passing of RBG did not rise to be included in our Top Ten list by Sunday. That surprised me.
Our readers are more interested in unemployment benefits and the non-responsive California Employment Development Department.
Oh, the politics!
Political pundits left, right, and center are spewing forth how President Trump should spin gold from the now-open seat on the Supreme Court, or how unseemly it would be for him to do so. As reported by one of her granddaughters, RBS’s “last wish” was for the seat to remain open until after the November election. Here is Stephen Kruiser on that:
Presidents are elected to a four-year term. There is nothing in the Constitution that says that the fourth year in its entirety is a lame duck year during which the incumbent should do nothing until the November election that will either confirm his lame duck status or remove it.
My feeling is that not only have chickens come home to roost on Democratic heads, the chickens are pooping. If President Trump and Senate Majority Leader McConnell don’t have a new justice confirmed before November 30 (when a vote could become trickier depending on the outcome of the Senate race in Arizona between incumbent Republican Martha McSally and Democratic challenger Mark Kelly), they both deserve to go down in flames for political incompetence. (McConnell is up for re-election in Kentucky this year.)
After Donald Trump beat Hillary Clinton in 2016, progressives collectively fell on a fainting couch — the end of the world! At that time, I wrote a piece on how they should pull themselves together and get to work. Not that my insignificant editorial had anything to do with it, but shortly thereafter the resistance was born, and progressives came back breathing fire.
At first, I was happy — because one-party rule is by its nature unhealthy for a republican democracy. (See: California.)
Then came the Brett Kavanaugh confirmation hearings. I was disgusted and repelled by tactics used by Democrats in their attempt to deny the confirmation.
I like neither candidate for president. I wish that there were a realistic way to deny both Trump and Biden the presidency without launching into an even worse scenario.
There is not.
So here’s to Trump and McConnell cooperating to seat a new Associate Justice as soon as possible, and to the Republicans maintaining their hold on the Senate after the election.