Should RBG be Replaced Now? – a Lawyer’s Perspective – Freedom is Scary, Ep. 15 – Everything Law and Order Blog

My thoughts on the Ruth Bader Ginsburg drama. There are 3 currently living retired Supreme Court justices: Sandra Day O’Connor, Anthony Kennedy, and David Souter. Each of these still-living former justices chose to retire, rather than to remain on the bench until death. RGB was perhaps the most partisan justice ever to serve on the Court, so understandably, she made the purposeful choice to stay on as long as possible. Therefore, it was her choice to politicize the vacancy which would be created by her death. In fact, her last words, as relayed by her granddaughter, were purportedly, “My most fervent wish is that I will not be replaced until a new president is installed.”

First of all, presidents are elected – not installed – and secondly, the seat belongs to the American people. It never belonged to her. It’s not her seat; it’s not the Democrats’ seat; it’s not the left’s seat; it’s not the right’s seat; it’s the people’s seat. There can be no doubt that the Constitution provides the that the President is tasked with nominating someone new to fill the vacancy, subject to the advice and consent of the U.S. Senate. The only issue is the timing.The Constitution doesn’t necessarily provide, or require, that federal judgeships last until “death,” per se, but just that appointments are for “life.” What does the Constitution say about this?

Read more: https://thecivilrightslawyer.com/2020/09/21/should-rgb-be-replaced-before-the-november-election/

PODCAST version (audio only): https://www.podbean.com/ew/pb-ms3yj-ec9179

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By elboriyorker

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5 thoughts on “Should RBG be Replaced Now? – a Lawyer’s Perspective – Freedom is Scary, Ep. 15”
  1. So how was the President supposed to know that RBG had passed away? First of all they were not buddies, nor did they play well together, roast marshmallows and sing Kumbaya. So maybe somebody thought it was somebody else's responsibility. As far as I know, all communications have to go through a chain of command, get cleared and has to be prioritized. So, it was not his fault, blame Nancy Pelosi, Chuck Schumer, and the Democratic left.

  2. RBG is not being replaced, the seat is vacant and Trump should nominate a new Justice that can be confirmed by the Senate in time for the likely mail in ballot fiasco.

  3. she's been sick for a long time and was only a supreme court justice because she was a women and she should have stepped down many years ago due to her declining health. and she was trying to keep her office long enough to destroy this Nation.

  4. I am leading to the belief, that this woman was used as a pawn, and she may not have said any of this, and just being used to push the Democratic narrative. You would think that, if she said this, someone would have to recorded her last words.

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