Justice Ginsburg's death just over six weeks before Election Day is likely to set off a battle over whether President Trump and the GOP-led Senate should push through her replacement, or if the seat should remain vacant until White House race is decided.
WASHINGTON — Supreme Court Justice Ruth Bader Ginsburg, a diminutive yet towering women’s rights champion who became the court’s second female justice, died Friday at her home in Washington. She was 87.
She resisted calls by liberals to retire during Barack Obama’s presidency at a time when Democrats held the Senate and a replacement with similar views could have been confirmed. Instead, Trump will almost certainly try to push Ginsburg’s successor through the Republican-controlled Senate — and move the conservative court even more to the right.
She argued six key cases before the court in the 1970s when she was an architect of the women’s rights movement. She won five. In addition, she questioned the quality of lawyers for poor accused murderers. In the most divisive of cases, including the Bush v. Gore decision in 2000, she was often at odds with the court’s more conservative members — initially Chief Justice William H. Rehnquist and Justices Sandra Day O’Connor, Antonin Scalia, Anthony M. Kennedy and Clarence Thomas.
When Scalia died in 2016, also an election year, Senate Majority Leader Mitch McConnell refused to act on Obama’s nomination of Judge Merrick Garland to fill the opening. The seat remained vacant until after Trump’s surprising presidential victory. McConnell has said he would move to confirm a Trump nominee if there were a vacancy this year.
She wrote memorably in 2013 that the court’s decision to cut out a key part of the federal law that had ensured the voting rights of Black people, Hispanics and other minorities was “like throwing away your umbrella in a rainstorm because you are not getting wet.”
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