Ruth Bader Ginsburg’s death sparks concern as to the balance of the US Supreme Court

Veteran US Supreme Court Justice Ruth Bader Ginsburg passed away from cancer on 18 September 2020. Ginsburg was widely regarded as a champion for civil liberties and women’s rights, and her death unleashed an outpouring of grief on social media. Those paying tribute included a number of political leaders, such as Barack Obama, Joe Biden, Emmanuel Macron, Justin Trudeau, and New York Governor Andrew Cuomo (who also announced the creation of a statue in her honour).

GINSBURG THROUGH THE YEARS

Ginsburg was born into a Jewish immigrant New York family in 1933 and went on to study law at Columbia University, where she graduated at the top of her class. She had previously studied at Cornell University. However, following college she struggled to find a law firm that would hire her, later citing the fact that she was Jewish, a woman, and a mother. She subsequently became a professor at Rutgers Law School, where some of her classes focused on women’s relationship with the law.

During the 1970s—the peak of the US women’s rights movement—Ginsburg argued six important cases before the Supreme Court, almost all of which she won. She was also responsible for co-founding the Women’s Rights Project at the American Civil Liberties Union—the same year she became the first female professor to hold tenure at Columbia Law School.

JUDGE-TURNED-JUSTICE 

Ginsburg was made a judge in the US Court of Appeals in 1980 before being appointed to the Supreme Court in 1993 by then-President Bill Clinton. She was only the second woman in existence to have achieved the feat. When first on the bench, she sat slightly left of centre ideologically, however as time went on her liberal viewpoint only became stronger. Ginsburg was known for her powerful dissents, some of which involved critiquing the views of her fellow Justices.

By the time of her death, Ruth Bader Ginsburg had become something of a national icon, achieving cult status not just within legal circles but with fellow liberals, including politicians and celebrities. Even Donald Trump, who no doubt disagreed with many of her opinions, had to concede when learning of her death that she “led an amazing life”.

RBG’S SEAT LIKELY TO GO TO ULTRA-CONSERVATVIVE, TRUMP-APPOINTEE 

It was announced late last month that the US President nominated Amy Coney Barrett, a judge from the 7th Circuit Court of Appeals, as Ginsburg’s replacement. Her nomination has instigated a battle in the Senate over her confirmation, with Democrats arguing that a new Justice should not be confirmed until after November’s presidential election. Barrett is said to be a devout Catholic who believes in the sanctity of life, and she has in the past ruled in favour of the current president’s harsh immigration policies and gun rights, making her popular among social conservatives. 150 civil rights groups, including the NAACP and Human Rights Campaign, have publicly opposed Barrett’s nomination. Two Republican senators, Susan Collins of Maine and Lisa Murkowski of Alaska, have indicated that they oppose confirmation before the election, however, even with their votes the Democrats will fail to reach a majority in the vote against her nomination.  

If President Trump is successful in his nomination, Barrett is likely to have a significant impact on future decisions of the Supreme Court. The ratio of liberals to conservatives on the bench was, with Ginsburg, four to five, and with Barrett on the bench the court will swing even further to the right, securing a six to three conservative majority. 

US Justices serve for the duration of their lives, unless they opt to retire. This potential further shifting of the balance has troubled many, as previous gains made in terms of civil rights could be reversed. Of particular concern is the issue of abortion rights, as an attempt to overturn the seminal case of Roe v. Wade (1973) could have a real chance of success with another conservative Justice. Roe effectively legalised abortion in the US by striking down a Texas law banning the procedure. Appointing judges who would overturn this ruling was one of the president’s promises during his 2016 election campaign. 

TRUMP’S PRIOR SCOTUS APPOINTEES

Trump’s current, controversial nominee to the Supreme Court is not his first. In 2017, shortly after Trump’s swearing in, he appointed conservative Neil Gorsuch after Republicans had for a year blocked President Obama’s nominee to the Court, Merrick Garland. Then, in  2018, Trump also nominated Brett Kavanaugh, which established a conservative majority in the top court. During Kavanaugh’s confirmation proceedings, however, allegations emerged that he had sexually assaulted academic Dr. Christine Blasey Ford while they were in high school. Although an additional day of hearings was scheduled, and Dr. Blasey Ford delivered powerful testimony, Kavanaugh proceeded to join the court that year.

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Rhiannon is an LLB student at Swansea University, who intends to pursue a career at the Bar of England and Wales. She has particular interests in criminal and human rights law. She has sat on the committee of her university’s Bar Society and is incoming President of its Feminist Society.

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