Ruth Bader Ginsburg: US Supreme Court judge dies of cancer, aged 87

[Nostalgic]

US Supreme Court Justice Ruth Bader Ginsburg, an iconic champion of women's rights, has died of cancer at the age of 87, the court has said.

Ginsburg died on Friday of metastatic pancreatic cancer at her home in Washington, DC, surrounded by her family, the statement said.

Earlier this year, Ginsburg said she was undergoing chemotherapy for a recurrence of cancer.

She was a prominent feminist who became a figurehead for liberals in the US.

Ginsburg was the oldest sitting justice on the Supreme Court, having served 27 years on the nation's highest court.

As one of four liberal justices on the court, her health was watched closely. Ginsburg's death raises the prospect of US President Donald Trump trying to expand its slender conservative majority.

"Our Nation has lost a jurist of historic stature," Chief Justice John Roberts said in a statement on Friday. "We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her - a tireless and resolute champion of justice."

Ginsberg had suffered from five bouts of cancer, with the most recent recurrence in early 2020. She had received hospital treatment a number of times in recent years, but returned swiftly to work on each occasion.

In a statement in July, the judge said her treatment for cancer had yielded "positive results", insisting she would not retire from her role.

"I have often said I would remain a member of the Court as long as I can do the job full steam," she said. "I remain fully able to do that."

Why was Ginsburg important?

US Supreme Court justices serve for life or until they choose to retire, and supporters had expressed concern that a more conservative justice could succeed Ginsburg.

The highest court in the US is often the final word on highly contentious laws, disputes between states and the federal government, and final appeals to stay executions.

In recent years, the court has expanded gay marriage to all 50 states, allowed for President Trump's travel ban to be put in place and delayed a US plan to cut carbon emissions while appeals went forward.

Ginsberg's death will spark a political battle over who will succeed her, spurring debate about the future of the Supreme Court ahead of November's presidential election.

US President Donald Trump has appointed two judges since taking office, and the current court is seen to have a 5-4 conservative majority in most cases.

The US Senate has to approve a new judge nominated by the president, and Senate majority leader Mitch McConnell said on Friday evening that if a nominee was put forward before the election, there would be a vote on Donald Trump's choice.

But in the days before her death, Ginsburg expressed her strong disapproval of such a move, National Public Radio reports. "My most fervent wish is that I will not be replaced until a new president is installed," she wrote in a statement to her granddaughter.

A high-stakes political fight looms

Ginsburg's death injects a level of unpredictability into a presidential race that had been remarkably stable for months. Now, not only will the White House be at stake in November, but the ideological balance of the Supreme Court could be, as well.

It all depends on what President Trump and the Republicans choose to do next. They could try to fill the seat before the end of the year regardless of who wins the presidency in November, replacing a liberal icon with what in all likelihood will be a reliable conservative vote. Or they could wait and hold the seat vacant, a prize to encourage conservative voters - particularly evangelicals who see an opportunity to roll back abortion rights - to flock to the polls for the president.

Filling the seat would outrage Democrats, who will note that Republicans denied former President Barack Obama the chance to fill the vacant seat in 2016 for months. Waiting, on the other hand, would risk letting Democratic presidential contender Joe Biden name Ginsburg's replacement in 2021.

All signs point to Republicans trying the former. Concerns of hypocrisy will melt away when a lifetime appointment to the court is in play.

Either way, it sets up a brutal, high-stakes political fight that comes at a time when the nation is already rife with partisan discord and psychological distress.

What is Ginsburg's legacy?

Over an illustrious legal career spanning six decades, Ginsberg attained unparalleled celebrity status for a jurist in the US, revered by liberals and conservatives alike.

Liberal Americans in particular idolised her for her progressive votes on the most divisive social issues that were referred to the Supreme Court, from abortion rights to same-sex marriages.

Born to Jewish immigrant parents in Brooklyn, New York City, in 1933, Ginsberg studied at Harvard Law School, where she was one of only nine women in a class of about 500 men.

Ginsburg did not receive a single job offer after graduation, despite finishing top of her class. But Ginsberg persisted, working in various jobs in the legal profession throughout the 1960s and far beyond.

In 1972, Ginsburg co-founded the Women's Rights Project at the American Civil Liberties Union (ACLU). That same year, Ginsburg became the first tenured female professor at Columbia Law School.

In 1980, Ginsburg was nominated to the United States Court of Appeals for the District of Columbia as part of former President Jimmy Carter's efforts to diversify federal courts. Though Ginsburg was often portrayed as a liberal firebrand, her days on the appeals court were marked by moderation.

Ginsberg was appointed to the Supreme Court by former President Bill Clinton in 1993, becoming only the second of four female justices to be confirmed to the court.

Toward the end of her life, Ginsburg became a national icon. Due in part to her withering dissents, Ginsberg was dubbed the Notorious RBG by her army of fans online - a nod to the late rapper The Notorious BIG.

That comparison introduced Ginsburg to a new generation of young feminists, turning her into a cult figure.

https://www.bbc.co.uk/news/world-us-canada-54214729

 

[Bigboii]

RIP one tough woman!!

 

[Nostalgic]

If things weren’t crazy enough, they are about to get crazier, here in the US at least.

In 2016, when conservative justice Antonin Scalia passed away, the Republicans in the Senate denied Obama’s nominee a hearing, saying it was inappropriate to fill a Supreme Court vacancy in an election year... even though there were ten months to go till the elections. Now with the election less than two months away, Mitch McConnell says they will vote on a replacement.

Apparently four Republican Senators are already saying they will oppose voting on a nominee before the election. They have ulterior motives though: they will use the prospect of filling the seat, and guaranteeing a conservative Supreme Court for a generation, to whip up support from conservative voters. And even if the Senate goes Democratic in November, they will vote between November and January, when the next Senate actually takes oath.

I don’t think I’ll see a liberal-leaning Supreme Court in my lifetime now.

 

[Nostalgic]

For four years now, many of us have been praying for her health, hoping she lives long enough to retire during the next Democratic presidency. It just wasn’t to be.

 

[Star_Coffee]

For four years now, many of us have been praying for her health, hoping she lives long enough to retire during the next Democratic presidency. It just wasn’t to be.

Her death, in my opinion, cements Trump's re-election.

 

[Nostalgic]

Her death, in my opinion, cements Trump's re-election.

Amazing what a difference four years make. When Scalia passed, it looked like we were headed for a liberal Supreme Court majority that would last a generation. When Obama nominated Garland and he was denied a hearing by the Senate Republicans, we weren’t all that perturbed, because a President Clinton (or a President Sanders) would nominate an out-and-our liberal instead of the moderate Garland.

Four years later, we may soon have a third Trump justice. It wasn’t supposed to have been this way.

 

[ManFan]

R.I.P RGB. She was a modern day icon in the law.

But best news for Trump since the impeachment verdict.

He has the unprecedented opportunity to nominate three SC Justices in one term and secure his legacy even if he loses in Nov.

 

[ManFan]

Amazing what a difference four years make. When Scalia passed, it looked like we were headed for a liberal Supreme Court majority that would last a generation. When Obama nominated Garland and he was denied a hearing by the Senate Republicans, we weren’t all that perturbed, because a President Clinton (or a President Sanders) would nominate an out-and-our liberal instead of the moderate Garland.

Four years later, we may soon have a third Trump justice. It wasn’t supposed to have been this way.

Scalia was a legal genius regardless of his political beliefs.

Responsible for the best dissent in the last 50 years in Morrison v. Olsen.

 

[Firebat]

Ruth Bader Ginsburg: Death of liberal stalwart opens door for third Trump appointment

The supreme court justice Ruth Bader Ginsburg has died of pancreatic cancer, the court said Friday. She was 87.

Ginsburg was the second woman appointed to the court in history and became a liberal icon for her sharp questioning of witnesses and intellectually rigorous defenses of civil liberties, reproductive rights, first amendment rights and equal protections under the law.

In a statement, the court said Ginsburg, who served more than 27 years on the bench, “died this evening surrounded by her family at her home in Washington DC, due to complications of metastatic pancreas cancer”.

The chief justice, John Roberts, said that the nation “has lost a jurist of historic stature. We at the supreme court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her – a tireless and resolute champion of justice.”

Her death thrust an immediate spotlight on who might fill the vacancy on the court, with just over six weeks before the election. The news was received with alarm by liberals and moderates who feared that Republicans would exploit the narrow window to install a third Donald Trump appointee on the supreme court.

The Senate majority leader, Mitch McConnell, pledged to get Trump a swift vote his supreme court pick. “President Trump’s nominee will receive a vote on the floor of the United States Senate,” McConnell said.

The Democratic presidential candidate, Joe Biden, said that the Republican-controlled Senate should wait until after the election to confirm Ginsburg’s replacement, following the precedent Republicans set in 2016.

McConnell blocked Barack Obama from filling a court vacancy in March 2016, eight months before the presidential election that year, claiming that the window of time was too narrow and saying the slot had to be held for the next president to fill.

“Tonight and in the coming days we should focus on the loss of the justice and her enduring legacy,” Biden said. “But there is no doubt – let me be clear – that the voters should pick the president and the president should pick the justice for the Senate to consider. This was the position the Republican Senate took in 2016 when there were almost 10 months to go before the election.”

Both of Trump’s supreme court appointments to date – Neil Gorsuch and Brett Kavanaugh – replaced justices appointed by fellow Republican presidents. But by replacing Ginsburg, who was appointed in 1993 by Bill Clinton, Trump could decisively skew the ideological balance of the court for a generation.

Tributes poured in on Friday, with figures on the left and the right offering praise and condolences. Meanwhile hundreds of mourners gathered outside the supreme court in Washington DC, laying flowers and candles on its steps.

“During her extraordinary career, this Brooklyn native broke barriers & the letters RBG took on new meaning– – as battle cry & inspiration,” tweeted the New York governor, Andrew Cuomo.

“Justice Ginsburg paved the way for so many women, including me. There will never be another like her,” said former secretary of state Hillary Clinton, while the former president George W Bush said “she inspired more than one generation of women and girls”.

The president’s son, Eric Trump, called Ginsburg “a remarkable woman with an astonishing work ethic”. Donald Trump, who was holding a rally in Minnesota when the news broke on Friday, appeared not to learn of the news until he left the stage.

After the the event, the president offered brief comments to the press before boarding Air Force One, according to the White House pool report.

“She just died? I didn’t know that,” Trump said. “She led an amazing life, what else can you say? Whether you agree or not … she led an amazing life.”

Ginsburg had been in poor health and was admitted to the hospital as recently as mid-July, when she was taken in with a fever and chills, but was released after about 24 hours, with the court reporting that she was recovering well.

After her discharge Ginsburg announced that she had been undergoing chemotherapy since May to treat cancerous lesions on her liver. A scan on 7 July had revealed “reduction of the liver lesions and no new disease”, she said.

Ginsburg had survived four cancer treatments going back to 1999. She participated in oral arguments in May from a hospital bed while receiving treatments believed at the time to be for a malignant tumor on her pancreas diagnosed in 2019. Ginsburg had announced in January that she was cancer-free.

Ginsburg had undergone surgery on 21 December 2018 to remove two cancerous nodules from her lung.

Doctors discovered that she had developed lung cancer in the course of a health review following a 7 November fall in which the associate justice fractured three ribs. She returned to work within days of that incident.

Ginsburg had been diagnosed with colon cancer in 1999 and pancreatic cancer in 2009, undergoing surgery both times.

Trump could become the first president to appoint three supreme court justices in his first term since Richard Nixon a half-century ago. In July, Trump nominated Kavanaugh to replace the retiring Anthony Kennedy. In early 2017, Trump nominated Gorsuch to replace Antonin Scalia, who died 11 months before the end of Obama’s presidency. McConnell declined to hold hearings on the nomination by Obama of the appeals court judge Merrick Garland.

In her 25 years on the court, Ginsburg was an essential vote in watershed rulings that combatted gender discrimination and protected abortion rights, equal pay, civil liberties and privacy rights.

Of reproductive rights, Ginsburg told an interviewer in 2009: “The basic thing is that the government has no business making that choice for a woman.”

In her later years Ginsburg gained traction as a cultural figure and feminist icon. A biopic released in 2018 was chosen by the National Board of Review as the best documentary of the year. A blog called Notorious RBG packaged Ginsburg’s feminist appeal in a hip-hop persona, and she had a daily workout that defeated Stephen Colbert.

Ginsburg was born in Brooklyn, New York, and was one of the first women to enroll at Harvard Law School, from which she transferred to graduate from Columbia. She served as general counsel for the American Civil Liberties Union and was co-founder of the Women’s Rights Project. “Women’s rights are an essential part of the overall human rights agenda, trained on the equal dignity and ability to live in freedom all people should enjoy,” she said.

Elevated to a federal judgeship by Jimmy Carter, Ginsburg was Clinton’s first nomination to the court. The Senate voted 96-3 to confirm her nomination to the supreme court.

https://www.theguardian.com/us-news...r-ginsburg-supreme-court-justice-dies-aged-87

 

[Firebat]

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">This is what Senator Lindsey Graham, the current Chairman of the Senate Judiciary Committee, said back in 2018. Let's see if he has an ounce of integrity left and will keep his word. <a href="https://t.co/VKk6M6jScA">https://t.co/VKk6M6jScA</a></p>— Bernie Sanders (@BernieSanders) <a href="https://twitter.com/BernieSanders/status/1307142121518964737?ref_src=twsrc%5Etfw">September 19, 2020</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

 

[MenInG]

Washington, DC - The death of Ruth Bader Ginsburg, coming just weeks before a contested presidential election in November, will lead to a fierce political fight in the US Senate and could make the election a referendum on the future of the US Supreme Court.

Senate Republican Leader Mitch McConnell said in a statement on Friday the Senate would move forward with a confirmation process for whomever President Donald Trump nominates.

"The Senate and the nation mourn the sudden passing of Justice Ruth Bader Ginsburg and the conclusion of her extraordinary American life," McConnell said.

"President Trump's nominee will receive a vote on the floor of the United States Senate," McConnell said.

Ginsburg, only the second woman to serve on the court, was a giant of American jurisprudence who was a champion of women's rights and voting rights. Her death opens a gap on the Supreme Court that in its most recent term was evenly divided between conservative and liberal justices with Chief Justice John Roberts acting as a swing vote.

Ginsburg was "a tireless and resolute champion of justice", Roberts said in a statement.

A crowd of people convened at the Supreme Court building in Washington, DC, on Friday night, indicative of the significance the public attaches to the moment.

"Quite simple there was never a justice who embodied the inclusive ideas Americans believe in more than Justice Ginsburg," said Nan Aron, president of the Alliance for Justice, an advocacy group for reproductive rights and social justice.

"Now is not the time to ram through a Supreme Court Justice," Aron said in a statement

Confirmation of a conservative to the court would threaten the 1973 landmark precedent in US law of Roe v Wade that established the right to abortion. Indeed, a new 6-3 conservative majority on the court would presage sweeping changes in US law.

President Trump has already named two conservative justices to the court, Neil Gorsuch in 2017 and Brett Kavanaugh in 2019. Ginsburg's death gives him an opportunity to name a third to the nine-member court and the president issued a list of 20 potential nominees a week ago.

"She led an amazing life. What else can you say," Trump said, informed of Ginsburg's death by reporters travelling with him from a campaign event in Minnesota. "She was an amazing woman - whether you agree or not - she was an amazing woman who led an amazing life."

On Saturday morning, the president tweeted that Republicans "were put in this position of power and importance to make decisions" - the most important of which is the selection of Supreme Court justices. "We have this obligation, without delay!" Trump wrote.

A move by Trump to replace Ginsburg will be controversial in the Senate and will prompt cries from Democrats of hypocrisy by Republicans who blocked a Supreme Court nominee by former President Barack Obama in the last year of his presidency.

Democratic presidential candidate Joe Biden said in a statement on Friday that with just weeks to go until the November election, his "hope and expectation of what should happen" is that the voters should choose the president who will fill Ginsburg's seat.

In 2016, Senate Republicans refused to consider Obama's nominee Merrick Garland, waiting until after President Trump was elected to confirm Gorsuch.

With majority control of the Senate at stake in the election, it is unclear whether all Republicans will go along with a move by Trump and McConnell to replace Ginsburg.

Lindsey Graham, the chairman of the Judiciary Committee, has signalled a willingness to fill a Supreme Court vacancy but said much would depend on input from his colleagues.

Republicans control the Senate 53-47 and would not be able to confirm a justice if more than three senators defect.

Some Republican senators have said the Senate should refrain from acting on a Supreme Court nominee so close to an election.

Alaska Republican Lisa Murkowski said last month it would be a "double standard" for Republicans to fill the court vacancy so close to an election and she "would not support it".

Iowa Republican Chuck Grassley, a former chairman of the Senate Judiciary Committee, said in an Iowa press interview in July the Senate should not hold hearings a Trump nominee if he loses in November.

Maine Senator Susan Collins told a New York Times reporter recently that she would not be willing to seat a Supreme Court justice before the election. "I think that's too close, I really do," Collins reportedly said.

Senate moderate Mitt Romney, who was the only Republican to break ranks and vote against Trump in the Senate impeachment trial, has declined to say how he would vote on a Supreme Court nominee now.

In a statement on Friday, Romney praised Ginsburg's "distinguished service" that "leaves an indelible mark on our country that will endure for generations to come".

In his statement, McConnell sought to draw a difference between the will of American voters as expressed in 2016 and now in 2020, claiming a mandate to move forward with the confirmation of whoever Trump nominates.

Senate majority because we pledged to check and balance the last days of a lame-duck president's second term. We kept our promise," McConnell said.

"By contrast, Americans re-elected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary."

There is time before the next Congress is seated, about 100 days away, for Trump and Republicans to ram through a justice confirmation. Kavanaugh's highly controversial confirmation took 89 days, and Gorsuch's only 65 days.

Former senator and 2016 Democratic presidential candidate Hillary Clinton said in a television interview Democrats should block any Trump nominee before the election.

"The Democrats in the Senate will have to use every single possible manoeuvre that is available to them to make it clear that they are not going to allow Mitch McConnell to enact the greatest travesty, the monumental hypocrisy that would arise from allowing him to replace Justice Ginsburg," Clinton said on MSNBC.

https://www.aljazeera.com/news/2020...k-fierce-political-fight-200919022325201.html

 

[Buffet]

She will be always remembered.

 

[sweep_shot]

US Supreme Court: Trump vows to nominate woman as Ginsburg's replacement

US President Donald Trump has said he will next week nominate a woman to replace the late Supreme Court Justice Ruth Bader Ginsburg, escalating a political row over her successor.

Ginsburg, 87, died on Friday, just weeks before the presidential election.

Mr Trump's Democrat rival, Joe Biden, insists the decision on her replacement should wait until after the vote.

The ideological balance of the nine-member court is crucial to its rulings on the most important issues in US law.

But President Trump has vowed to swear in Ginsburg's successor "without delay", a move that has infuriated Democrats, who fear Republicans will vote to lock in a decades-long conservative majority on the country's highest court.

"I will be putting forth a nominee next week. It will be a woman," Mr Trump said at a campaign rally in Fayetteville, North Carolina on Saturday. "I think it should be a woman because I actually like women much more than men."

Some supporters chanted "Fill that seat!" as Mr Trump spoke, urging him to take the rare opportunity to nominate a third justice during one presidential term to a lifetime appointment on the court.

Earlier, Mr Trump praised two female judges on city appeals courts as possible choices. Both judges - Amy Coney Barrett and Barbara Lagoa - are conservatives who would tip the balance of the Supreme Court in favour of Republicans.

Democrats have vigorously opposed any nomination before November's election, arguing that Senate Republicans blocked Democratic President Barack Obama's choice for the US top court in 2016.

At the time, Senate Majority Leader Mitch McConnell justified the move on grounds that it was an election year. But on Friday Senator McConnell said he intended to act on any nomination Mr Trump made and bring it to a vote in the Senate before election day.

Ginsburg, a liberal icon and feminist standard-bearer, died of metastatic pancreatic cancer at her home in Washington DC, surrounded by her family. She was only the second-ever woman to sit on the Supreme Court.

Supporters gathered outside the court on Friday night to pay tribute to the woman who had become affectionately known as "The Notorious RBG".

What is the row about?
The appointment of judges in the US is a political question which means the president gets to choose who is put forward. The Senate then votes to confirm - or reject - the choice.

Ginsburg, who served for 27 years, was one of only four liberals on the nine-seat bench. Her death means that, should the Republicans get the vote through, the balance of power would shift decisively towards the conservatives.

Mr Trump, who has already chosen two Supreme Court justices during his presidency, is well aware that getting his nominee in would give conservatives control over key decisions for decades to come. Justices can serve for life, unless they decide to retire.

"We were put in this position of power and importance to make decisions for the people who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court Justices. We have this obligation, without delay!," he wrote on Twitter on Saturday.

Earlier, Mr McConnell said in a statement - which included a tribute to Ginsburg - that "President Trump's nominee will receive a vote on the floor of the United States Senate".

The senator had argued in 2016 that "the American people should have a voice in the selection of their next Supreme Court Justice" which meant "this vacancy should not be filled until we have a new president".

But now he says the Senate was within its rights to act because it was Republican-controlled, and Mr Trump is a Republican president.

Democrats, however, began echoing Mr McConnell's words from 2016.

The Senate Democratic leader, Chuck Schumer, sent a tweet repeating his exact phrase, while Mr Biden told reporters: "There is no doubt - let me be clear - that the voters should pick the president and the president should pick the justice for the Senate to consider."

Ginsburg had also made her feelings clear in the days before her death.

"My most fervent wish is that I will not be replaced until a new president is installed," she wrote in a statement to her granddaughter, according to National Public Radio (NPR).

Source: https://www.bbc.com/news/world-us-canada-54216710.

 

[sweep_shot]

Trump's plan to replace Ginsburg an abuse of power, says Biden

Donald Trump's move to replace the late Supreme Court Justice Ruth Bader Ginsburg before the presidential election is an "abuse of power", his Democratic rival Joe Biden says.

Mr Trump has said he will next week nominate a woman to replace the longstanding liberal justice.

Mr Biden has urged Senate Republicans to delay a confirmation vote.

Ginsburg, a liberal icon and feminist standard-bearer, died on Friday aged 87.

Democrats fear Republicans will vote to lock in a decades-long conservative majority on the country's highest court.

The ideological balance of the nine-member court is crucial to its rulings on the most important issues in US law.

What has Biden said about Trump's decision?
During a speech at the Constitutional Center in Philadelphia on Sunday, Mr Biden said the president had "made clear this is about power, pure and simple".

"The United States constitution allows Americans the chance to be heard - and their voice should be heard... they should make it clear, they will not stand for this abuse of power," he said.

"I appeal to those Senate Republicans - please follow your conscience, let the people speak, cool the flames that have been engulfing our country," he said.

"Don't vote to confirm anyone nominated under the circumstances President Trump and Senator McConnell created. Don't go there."

Two Republican senators, Lisa Murkowski and Susan Collins, have both backed a delay in the vote until after November's presidential election.

If they are joined by two more Republican senators, they could block or at least delay a confirmation vote, as the Republicans have a majority of only six in the Senate.

In the event that the vote is a tie, the US constitution allows Vice-President Mike Pence to cast a tie-breaking vote.

To avoid that outcome, Mr McConnell is seeking to secure the support of Republican senators. He has already won the backing of Republican Senator Lamar Alexander, who was viewed as a potential swing vote.

On Sunday, Mr Alexander said the US Constitution "gives senators the power" to vote on a Supreme Court nomination, even during a presidential election year.

Mr Biden said that if he won the presidential election, Mr Trump's nominee should be withdrawn. He said he would then consult senators from both parties before putting forward his choice.

He added that it would be wrong to release his list of potential Supreme Court nominees now, as this could expose some judges to political attacks.

But he said his first choice for the supreme court "will make history as the first African American woman on the court".

What has Trump said about Ginsburg's successor?
Mr Trump has vowed to swear in Ginsburg's successor "without delay".

"I think it should be a woman because I actually like women much more than men," he said at a campaign rally in Fayetteville, North Carolina, on Saturday.

Earlier, Mr Trump praised two female judges who serve on federal courts of appeals as possible choices. Both judges - Amy Coney Barrett and Barbara Lagoa - are conservatives who would tip the balance of the Supreme Court in favour of Republicans.

Democrats have vigorously opposed any nomination before November's election, arguing that Senate Republicans blocked Democratic President Barack Obama's choice for the US top court in 2016.

At the time, Senate Majority Leader Mitch McConnell justified the move on grounds that it was an election year. But on Friday Senator McConnell said he intended to act on any nomination Mr Trump made and bring it to a vote in the Senate before election day.

The appointment of judges in the US is a political question which means the president gets to choose who is put forward. The Senate then votes to confirm - or reject - the choice.

Ginsburg, only the second-ever woman to sit on the Supreme Court, died of metastatic pancreatic cancer at her home in Washington DC, surrounded by her family.

Ginsburg, who served for 27 years, was one of only four liberals on the nine-seat bench. Her death means that, should the Republicans get the vote through, the balance of power would shift decisively towards the conservatives.

In a statement to her granddaughter, days before her death, Ginsburg expressed her "fervent wish" not to be replaced until a new president had taken office.

How have Americans been paying tribute to Ginsburg?
Displays of grief, appreciation and anxiety have been seen across the US, as the country reflects on Ginsburg's groundbreaking legal career and the future direction of the Supreme Court.

Memorials attended by thousands of people nationwide this weekend have showed the esteem in which Ginsburg is held.

Supporters of the woman some affectionately called "The Notorious RBG" have been gathering outside the Supreme Court in Washington DC since Friday night. Visitors to the court have left flowers and signs in tribute, contributing to a makeshift vigil.

The Supreme Court said flags on its front plaza will be flown at half-mast for 30 days in honour of Ginsburg. In a statement on Sunday, the court said Ginsburg's bench chair and the bench directly in front of it have also been draped in black wool crepe.

This, the court said, was done in accordance with a 147-year-old tradition for the death of a sitting justice.

What does the Supreme Court do?
The highest court in the US is often the final word on highly contentious laws, disputes between states and the federal government, and final appeals to stay executions.

In recent years, the court has expanded gay marriage to all 50 states, allowed for President Trump's travel ban to be put in place, and delayed a US plan to cut carbon emissions while appeals went forward.

It is also deals with issues like reproductive rights - one of the main reasons some pro-life conservatives want to tip the balance away from liberals.

Who are seen as top contenders?
Barbara Lagoa: A Cuban American of the Atlanta-based 11th Circuit Court of Appeals, she was the first Hispanic judge on the Florida Supreme Court. She is a former federal prosecutor
Amy Coney Barrett: Member of the Chicago-based 7th Circuit Court of Appeals, she is a favourite of religious conservatives and known for her anti-abortion views. She was a legal scholar at Notre Dame Law School in Indiana
Kate Comerford Todd: Deputy White House Counsel, has a lot of support inside the White House. Served as former senior VP and Chief Counsel, US Chamber Litigation Center

Source: https://www.bbc.com/news/world-us-canada-54227286.

 

[sweep_shot]

US Supreme Court: The top contenders to fill vacancy

US President Donald Trump has said he will announce this week his candidate to fill the vacancy at the Supreme Court created by the death of Justice Ruth Bader Ginsburg, a liberal icon.

President Trump said his choice would be "a woman - a very talented, very brilliant woman". Two conservative candidates are seen as the main contenders for the lifelong job - but reports suggest some other names are also being considered.

The president has already appointed two justices for the court - Neil Gorsuch in 2017 and Brett Kavanaugh in 2018. But with six weeks to go before the presidential election, Mr Trump is facing fierce opposition from Democrats, who insist any nomination should be made only after the poll.

Barbara Lagoa

A Cuban-American born in Miami, she was the first Hispanic judge on the Florida Supreme Court. If nominated and then confirmed by the Senate, she would become the second Hispanic judge to serve at the highest court, after Justice Sonia Sotomayor, who was nominated by former President Barack Obama.

The 53-year-old was nominated in September 2019 by President Trump to serve on the Atlanta-based 11th Circuit Court of Appeals, one of the regional appeals courts that are one step below the Supreme Court. She was confirmed by the Senate in a 80-15 vote.

This month, she joined the majority in a ruling that upheld a law that requires people with past felony convictions to pay outstanding court fees.

Like Ginsburg, Ms Lagoa graduated from Columbia Law School and later as a federal prosecutor. She then spent more than a decade as a judge on an appeals court in Florida.

In 2000, she worked as a pro bono lawyer for the family of Elián González. The boy, who was found floating off the Florida coast after his mother drowned while trying to escape Cuba for the US, became the centre of a custody battle between his Cuban father and American relatives.

She is married to a lawyer, and they have three daughters.

Amy Coney Barrett

The 48-year-old is described as a devout Catholic who, according to a 2013 Notre Dame Magazine article, said that "life begins at conception". This makes her a favourite among religious conservatives keen to overturn the landmark 1973 decision that legalised abortion nationwide.

She has also voted in favour of President Trump's hardline immigration policies and expressed views in favour of expansive gun rights.

Nominated by President Trump to the Chicago-based 7th Circuit Court of Appeals, she was confirmed by Senate in a 55-43 vote in October 2017 after a tough process. She was one of the names the president considered to replace late Justice Anthony Kennedy in 2017.

After graduating from Notre Dame University Law School, she clerked for late Justice Antonin Scalia, who died in 2016. She served as a legal scholar at Notre Dame for around 15 years.

Born in New Orleans, she is married to a former assistant US Attorney in the Northern District of Indiana and together they have seven children.

Other names also being considered
Kate Comerford Todd: Currently deputy White House counsel, has a lot of support inside the White House. She clerked for Justice Clarence Thomas, and served as former senior vice president and chief counsel at the US Chamber Litigation Center. She graduated from Harvard
Joan Larsen: The 51-year-old served on the Michigan Supreme Court before being nominated by President Trump to the 6th Circuit Court of Appeals in Cincinnati, Ohio. She was confirmed in November 2017 in a 60-38 vote. She graduated from Northwestern University. She was also on the president's list for the Kennedy seat, and also clerked for Justice Scalia

Source: https://www.bbc.com/news/world-us-canada-54229799.

 

[sweep_shot]

US Supreme Court: The top contenders to fill vacancy

US President Donald Trump has said he will announce this week his candidate to fill the vacancy at the Supreme Court created by the death of Justice Ruth Bader Ginsburg, a liberal icon.

President Trump said his choice would be "a woman - a very talented, very brilliant woman". Two conservative candidates are seen as the main contenders for the lifelong job - but reports suggest some other names are also being considered.

The president has already appointed two justices for the court - Neil Gorsuch in 2017 and Brett Kavanaugh in 2018. But with six weeks to go before the presidential election, Mr Trump is facing fierce opposition from Democrats, who insist any nomination should be made only after the poll.

Barbara Lagoa

A Cuban-American born in Miami, she was the first Hispanic judge on the Florida Supreme Court. If nominated and then confirmed by the Senate, she would become the second Hispanic judge to serve at the highest court, after Justice Sonia Sotomayor, who was nominated by former President Barack Obama.

The 53-year-old was nominated in September 2019 by President Trump to serve on the Atlanta-based 11th Circuit Court of Appeals, one of the regional appeals courts that are one step below the Supreme Court. She was confirmed by the Senate in a 80-15 vote.

This month, she joined the majority in a ruling that upheld a law that requires people with past felony convictions to pay outstanding court fees.

Like Ginsburg, Ms Lagoa graduated from Columbia Law School and later as a federal prosecutor. She then spent more than a decade as a judge on an appeals court in Florida.

In 2000, she worked as a pro bono lawyer for the family of Elián González. The boy, who was found floating off the Florida coast after his mother drowned while trying to escape Cuba for the US, became the centre of a custody battle between his Cuban father and American relatives.

She is married to a lawyer, and they have three daughters.

Amy Coney Barrett

The 48-year-old is described as a devout Catholic who, according to a 2013 Notre Dame Magazine article, said that "life begins at conception". This makes her a favourite among religious conservatives keen to overturn the landmark 1973 decision that legalised abortion nationwide.

She has also voted in favour of President Trump's hardline immigration policies and expressed views in favour of expansive gun rights.

Nominated by President Trump to the Chicago-based 7th Circuit Court of Appeals, she was confirmed by Senate in a 55-43 vote in October 2017 after a tough process. She was one of the names the president considered to replace late Justice Anthony Kennedy in 2017.

After graduating from Notre Dame University Law School, she clerked for late Justice Antonin Scalia, who died in 2016. She served as a legal scholar at Notre Dame for around 15 years.

Born in New Orleans, she is married to a former assistant US Attorney in the Northern District of Indiana and together they have seven children.

Other names also being considered
Kate Comerford Todd: Currently deputy White House counsel, has a lot of support inside the White House. She clerked for Justice Clarence Thomas, and served as former senior vice president and chief counsel at the US Chamber Litigation Center. She graduated from Harvard
Joan Larsen: The 51-year-old served on the Michigan Supreme Court before being nominated by President Trump to the 6th Circuit Court of Appeals in Cincinnati, Ohio. She was confirmed in November 2017 in a 60-38 vote. She graduated from Northwestern University. She was also on the president's list for the Kennedy seat, and also clerked for Justice Scalia

Source: https://www.bbc.com/news/world-us-canada-54229799.

 

[Giannis]

Well she selfish and short-sighted, she could've retired 10 years ago at the age of 77 when Obama was President and the Dems had the senate so they could've appointed a young liberal judge.
[MENTION=22846]Nostalgic[/MENTION] , I read somewhere that Biden can still achieve a liberal supreme court bench by "court packing", basically increasing the number of judges on the bench which is legal cause the number of judges isn't set by any rule but just a custom that has been respected, would biden go out of his way and appoint 2 liberal judges?

 

[Bigboii]

Source: https://www.bbc.com/news/world-us-canada-54227286.

Trumps keeps on making it,Biden keeps on taking it
Dementia keeps creating it, and Biden keep on faking it

Original verse (look up the song the beat in my mind made it sound funnier)
"Manhattan keeps on making it, Brooklyn keeps on taking it
Bronx keeps creating it, and Queens keeps on faking it"

 

[Bigboii]

Well she selfish and short-sighted, she could've retired 10 years ago at the age of 77 when Obama was President and the Dems had the senate so they could've appointed a young liberal judge.

[MENTION=22846]Nostalgic[/MENTION] , I read somewhere that Biden can still achieve a liberal supreme court bench by "court packing", basically increasing the number of judges on the bench which is legal cause the number of judges isn't set by any rule but just a custom that has been respected, would biden go out of his way and appoint 2 liberal judges?

Watch republicans throw a hissy fit if this happens

they'll remember all the "traditions" all of a sudden

 

[Giannis]

Watch republicans throw a hissy fit if this happens

they'll remember all the "traditions" all of a sudden

but it also sets a bad precedent, like the next Republican president would the same and add just enough conservative judges to get back a majority and then the cycle continues with a dem president and before you know we got like 34129193139 judges on the bench :

 

[Bigboii]

but it also sets a bad precedent, like the next Republican president would the same and add just enough conservative judges to get back a majority and then the cycle continues with a dem president and before you know we got like 34129193139 judges on the bench :

yep but I am just annoyed at what they're doing right know with replacing justices

I thought the tradition says that we shouldn't nominate a new justice in election year

but I understand the precedence stuff

 

[Gharib Aadmi]

Well she selfish and short-sighted, she could've retired 10 years ago at the age of 77 when Obama was President and the Dems had the senate so they could've appointed a young liberal judge.

[MENTION=22846]Nostalgic[/MENTION] , I read somewhere that Biden can still achieve a liberal supreme court bench by "court packing", basically increasing the number of judges on the bench which is legal cause the number of judges isn't set by any rule but just a custom that has been respected, would biden go out of his way and appoint 2 liberal judges?

Big mistake on her part, and now there will be a conservative majority on the supreme court for at least 20 years.

 

[Gilly]

Some of her views.

Washington (CNN)Justice Ruth Bader Ginsburg, never shy to weigh in on the controversies of the day, said she thinks "it's really dumb" for San Francisco 49ers quarterback Colin Kaepernick and others to refuse to stand for the national anthem.

 

[Bigboii]

Some of her views.

Honestly I am not getting the point you're trying to make here with this quote

 

[Giannis]

Some of her views.

You're right, liberal and conservatives are both white supremacists.

 

[Nostalgic]

Well she selfish and short-sighted, she could've retired 10 years ago at the age of 77 when Obama was President and the Dems had the senate so they could've appointed a young liberal judge.

[MENTION=22846]Nostalgic[/MENTION] , I read somewhere that Biden can still achieve a liberal supreme court bench by "court packing", basically increasing the number of judges on the bench which is legal cause the number of judges isn't set by any rule but just a custom that has been respected, would biden go out of his way and appoint 2 liberal judges?

Adding justices isn’t straightforward, or else we would’ve had a bloated bench every time the presidency changed hands and the new admin saw the opposition in the majority in the court.

It will require a massive majority in the Senate, because the Democrat senators from swing states will oppose such a move, because the backlash at home will threaten their reelection prospects. In any case, Democrats have a massive disadvantage in the Senate, and holding a bare majority would be an achievement, nevermind a significant majority, and it will probably remain the case for a couple of decades.

 

[sweep_shot]

Ginsburg Supreme Court: Trump to name nominee by week's end

President Trump has said he will name a replacement to Ruth Bader Ginsburg by week's end and urged the Republican-controlled Senate to confirm his Supreme Court choice before 3 November.

The plan has launched a high-stakes battle ahead of the election.

Mr Trump would replace Ginsburg, a liberal stalwart who died on Friday aged 87, with a conservative.

The president appears to have secured enough support in the US Senate to win approval for his nominee.

This would cement a right-leaning majority on the court for decades.

The ideological balance of the nine-member court is crucial to its rulings on the most important issues in US law.

What happens next?
On Monday, the president signalled he would nominate a replacement on "Friday or Saturday", after memorial services for Ginsburg.

"The bottom line is we won the election, we have an obligation to do what's right and act as quickly as possible," Mr Trump told Fox News.

On Monday, the president had a private meeting at the White House with a potential nominee: Amy Coney Barrett, an appeals court judge in Chicago. She is also backed by anti-abortion conservatives.

Once the president names a nominee, it is the Senate's job to vote on whether to confirm them. The Judiciary Committee will review the pick first, and then vote to send the nominee to the floor for a full vote.

Senate majority leader Mitch McConnell has vowed to hold a confirmation vote before the election in November.

Democrats have accused Mr McConnell and the Republicans of hypocrisy.

Following the death of conservative justice Anthony Scalia in 2016, Mr McConnell refused to hold a vote to confirm a nominee put forward by then-President Barack Obama, a Democrat.

Mr Obama had nominated Merrick Garland in February of that year - months before the election - but Mr McConnell argued that Supreme Court justices should not be approved in an election year.

In 2017, Mr McConnell also changed Senate rules to allow for a simple majority (51 votes) to confirm nominees.

However, this time around, with a president of the same party, the Senate leader says because the Senate and White House are both Republican-held, unlike 2016, the nomination should proceed.

Do Senate Republicans have the votes?
The Republican president's plan to appoint a justice was boosted on Monday after two closely watched senators of his party, Cory Gardner of Colorado and Charles Grassley of Iowa, signalled they backed moving ahead.

Their support may grant Republicans the 50 votes they need to confirm a justice, given that Vice-President Mike Pence can cast a tie-breaking vote if needed.

Republicans hold a slim 53-47 majority in the upper chamber.

Lindsey Graham, the powerful Republican chairman of the Senate Judiciary committee, said on Monday he would be "leading the charge to make sure that President Trump's nominee has a hearing, [and] goes to the floor of the United States Senate for a vote".

Mitt Romney, of Utah, remains undecided. Susan Collins of Maine and Lisa Murkowski of Alaska, have backed a delay in the vote.

Ms Collins said she had "no objection" to the process of reviewing a candidate beginning now, but that she did not believe the Senate should vote on the candidate before November's election. Ms Collins is facing a tough re-election bid this year.

Ms Murkowski said she "did not support taking up a nomination eight months before the 2016 election" and believed the "same standard must apply" now.

Even if Republicans lose their Senate majority on 3 November, the new Congress does not take office until 3 January, which would give them time to confirm Mr Trump's pick.

If the nominee is not confirmed by 20 January, Inauguration Day, they would have to be re-nominated by the president (whoever that ends up being).

How long does it take to confirm a Supreme Court judge?
Typically, it's a months long process to go from selection to confirmation - but there are no rules regarding this time frame.

Since 1975, it has taken about 70 days on average. This time, the election is just weeks away.

The last time lawmakers completed a confirmation this speedily was for Ginsburg's own selection in 1993. She was approved in 42 days.

What's at stake?
The highest court in the US is often the final word on highly contentious laws, disputes between states and the federal government, and final appeals to stay executions.

In recent years, the court has expanded gay marriage to all 50 states, allowed for President Trump's travel ban to be put in place, and delayed a US plan to cut carbon emissions while appeals went forward.

The court also handles reproductive rights issues like abortion - a highly contentious election issue, especially for one of Mr Trump's key Republican constituencies. Opponents of abortion have called for overturning abortion protections, and appointing judges who sympathise with this view is one of Mr Trump's pitches for re-election.

Clara Spera, Ginsburg's grand-daughter, disclosed that the late justice's dying wish was not to be replaced until after the election. "She was concerned about this country and about the court that she served so diligently for over 27 years," Ms Spera told BBC World Service.

"I think that she would be heartened to know that there are many, many people who believe that we need to return to order and norms, and agree and want to fulfil that most fervent wish of hers," she said.

Ginsburg will lie in state at the US Capitol on Friday.

What's the reaction?
Speaker of the House Nancy Pelosi, the most powerful Democrat in Washington, suggested she may try to influence what happens next with the confirmation.

Mrs Pelosi told the New York Times she had "arrows in [her] quiver, in the House quiver" but would not offer more details.

On Sunday, Democratic presidential candidate Joe Biden said Mr Trump had "made clear this is about power, pure and simple".

"The United States Constitution allows Americans the chance to be heard - and their voice should be heard... they should make it clear, they will not stand for this abuse of power," he said.

"I appeal to those Senate Republicans - please follow your conscience, let the people speak, cool the flames that have been engulfing our country."

But Republican Senator Ted Cruz, speaking to ABC News on Sunday, contended that a new justice ought to be confirmed before the election - a reversal of his view back in 2016.

He argued that the American people elected Mr Trump largely to support conservatives on the court. "The president was elected to do this and the Senate was elected to confirm this nomination."

During a vigil for Ginsburg that night, Democratic Senator Elizabeth Warren drew cheers from the crowd for criticising Republicans over the nomination.

"Mitch McConnell and his henchmen believe that they can ram through a Supreme Court justice only 45 days from Election Day," she said. "What Mitch McConnell does not understand is that this fight has just begun."

Who are seen as top contenders?
Amy Coney Barrett: Member of the Chicago-based 7th Circuit Court of Appeals, she is a favourite of religious conservatives and known for her anti-abortion views. She was a legal scholar at Notre Dame Law School in Indiana
Barbara Lagoa: A Cuban American of the Atlanta-based 11th Circuit Court of Appeals, she was the first Hispanic judge on the Florida Supreme Court. She is a former federal prosecutor
Kate Comerford Todd: Deputy White House Counsel, has a lot of support inside the White House. Served as former senior VP and Chief Counsel, US Chamber Litigation Center

Source: https://www.bbc.com/news/world-us-canada-54238936.

 

[MenInG]

Ruth Bader Ginsburg, who became the second female United States Supreme Court Justice in 1993, devoted much of her career to advancing women’s rights. The impact of her judgements and dissents on gender equality, reproductive rights and immigration matters will reverberate long after her death, say experts.

After Ginsburg’s death on Friday, Domingo Garcia, national president of the League of United Latin American Citizens, said: “She was well aware of her place in history as one of the voices for the excluded, the oppressed and those trying to find real justice.”

Ginsburg has been described as a “feminist icon”. Upon her faculty appointment at Columbia Law School in 1972, Ginsburg said: “Sexual discrimination is and will continue to be my principal interest.”

When Ginsburg was hired by Columbia University after a string of rejections because of her gender, she stressed the importance of hiring women for senior legal positions.

She said her appointment as the first female tenured law professor at the school “reflects a serious effort on the part of Columbia Law School to hire more women” and added “I know that I am not just a token. I expect that I will be the first of many women the law school will have.”

Kim Thuy Seelinger, professor of law at Washington University and expert on gender-based violence, told Al Jazeera: “The fact that Ginsburg kept excelling and kept fighting for gender and racial equality despite her personal struggles is tremendously inspiring to me, a female lawyer of colour in the United States. I suspect women of many backgrounds feel the same”.

Gender equality battles

Ginsburg led the legal fight for gender equality in the US from the early 1970s. At the time, hundreds of federal and state laws in the US discriminated against women.

In 1971 she wrote her first brief for the Supreme Court in Reed v Reed, a case involving the constitutionality of an Idaho statute that stated “men must be preferred to females” in executing estates.

The court decided that the statute was unconstitutional. This was the first case in which the Supreme Court struck down a state law on the basis of gender discrimination.

In 1972 Ginsburg joined the American Civil Liberties Union (ACLU), a non-profit organisation that supports civil liberties through litigation and lobbying. She was the founding director of the group’s Women’s Rights Project.

During her time at the ACLU she argued six cases before the Supreme Court and won five. Many of her early cases involved sex discrimination against men, towards which she thought judges at the time might be more sympathetic.

During her first oral argument before the Supreme Court in 1973, in the Frontiero v Richardson case in which she challenged the assumption that a man is not likely to be a dependent spouse, she quoted Sarah Grimke, a 19th-century abolitionist and suffragette: “I ask no favour for my sex. All I ask of our brethren is that they take their feet off our necks.” Her argument prevailed in what became known as a landmark case on gender equality.

In 1996 Ginsburg wrote the majority opinion in the case United States v Virginia, declaring that the Virginia Military Institute, a public military college, could no longer remain an all-male institution. The lawsuit was heralded as the beginning of a new era in gender-based equal protection cases.

“Everybody working on women’s legal rights in the 1970s knew that Ruth’s litigation was of central significance. It enhanced our ability to attract outstanding legal talent for our work. It also helped build a strong feminist caucus on the board,” said Aryeh Neier, the former executive director of the ACLU who appointed Ginsburg.

Ginsburg was also known for her support of reproductive freedom.

In a Supreme Court ruling in July, Ginsburg and Justice Sonia Sotomayor were the only judges to disagree with a ruling that would allow any company to get out of government-mandated insurance for contraception if the employer had a moral or religious objection to it.

In her lengthy dissent in this case, Ginsburg noted that tens of thousands of women would possibly lose their contraception coverage. She wrote: “a religious adherent may be entitled to religious accommodation with regard to her own conduct” but she is not entitled to force others to conform to her conduct.

In the wake of Ginsburg’s death, many are concerned that the landmark 1973 Roe v Wade case, which protects a woman’s right to choose to have an abortion in the US, could be overturned by justices appointed by US President Donald Trump.

There is widespread concern in liberal circles that if Ginsburg is replaced by a conservative judge on the court, it would leave supporters of abortion rights outnumbered. There was already a five-to-four majority of anti-abortion judges on the Supreme Court before Ginsburg’s death. If Trump appoints a judge – presumably one who opposes abortion – the number of anti-abortion judges would rise to six.

“The fate of our rights, our healthcare, our bodies, our lives and our country depend on what happens over the coming months,” Alexis McGill Johnson, the head of Planned Parenthood, said on Friday.

“While her record as a lawyer, professor and justice reflects that she was a long-committed advocate on abortion rights because she believed these rights involve critical life decisions that should be made by each woman for herself instead of by the state, Ginsburg’s scholarly writing also reflects her broader institutional concerns about Roe v Wade’s sweep and the need to ensure political support on these important social questions,” Ruti Teitel, professor of law at New York Law School, told Al Jazeera.

‘Great dissenter’
Well-known for her searing dissents, Bader Ginsburg became known as “the great dissenter”. A dissent is the opinion of a judge who disagrees with the majority opinion.

When, in 2007, the court ruled against Lilly Ledbetter – who had been paid less than male colleagues in comparable jobs at the Goodyear Tire & Rubber Company – Ginsburg dissented. Her dissent eventually led to the adoption of the Lilly Ledbetter Fair Pay Act by President Barack Obama in 2009.

Seelinger says: “Ginsburg understood that even if the Supreme Court majority could not or would not offer the protection sought, judges in the minority could still call for Congress to resolve the issue outside the Court. This is what happened in the Ledbetter case.”

Supreme Court Justice Ruth Bader Ginsburg answering a law student’s question as she participates in a “fireside chat” in the Bruce M. Selya Appellate Courtroom at the Roger William University Law School in Bristol, Rhode Island [File: AP Photo/Stephan Savoia]
Immigration cases

With the new Supreme Court term due to start on October 5, Ginsburg’s absence could change the trajectory of issues she championed such as gender and immigrants’ rights.

Her absence on the court could affect Trump’s efforts to exclude undocumented immigrants from the 2020 US Census count of every person in the country, which is politically significant since it will be used to allocate seats in Congress.

Trump has been accused of “weaponising” and “manipulating” the census against immigrant communities. It is argued that the exclusion of undocumented immigrants from the congressional reapportionment consideration could benefit Republicans electorally.

In recent months Ginsburg was still actively protecting the rights of the vulnerable. In July she was one of the justices who upheld the Obama-era Deferred Action for Childhood Arrivals (DACA) programme.

DACA is a US immigration policy that protects eligible immigrant youth who came to the US when they were children from being deported. In 2017 Trump attempted to end the programme.

In the coming months, the Supreme Court will be faced with an immigration case that could affect the fate of 700,000 young people who could face deportation should DACA be abolished.

A ‘less smart and less decent’ court

Gregory Magarian, professor of constitutional law at Washington University in St Louis, told Al Jazeera: “Justice Ginsburg will leave a great hole on the court. She was the most senior justice on the court’s more liberal wing, and she never hesitated to push back against the court’s conservative majority. The court will be less smart and less decent without her.”

Neier agrees: “If Trump gets to pick Ruth’s successor, it will consolidate right-wing control of the court for the foreseeable future. The consequences for civil liberties will be disastrous. I can’t begin to spell them out.”

https://www.aljazeera.com/news/2020/9/23/ruth-bader-ginsburg-a-life-in-pursuit-of-gender-equality

 

[KingKhanWC]

For four years now, many of us have been praying for her health, hoping she lives long enough to retire during the next Democratic presidency. It just wasn’t to be.

R.I.P RGB. She was a modern day icon in the law.

But best news for Trump since the impeachment verdict.

He has the unprecedented opportunity to nominate three SC Justices in one term and secure his legacy even if he loses in Nov.

Well she selfish and short-sighted, she could've retired 10 years ago at the age of 77 when Obama was President and the Dems had the senate so they could've appointed a young liberal judge.

[MENTION=22846]Nostalgic[/MENTION] , I read somewhere that Biden can still achieve a liberal supreme court bench by "court packing", basically increasing the number of judges on the bench which is legal cause the number of judges isn't set by any rule but just a custom that has been respected, would biden go out of his way and appoint 2 liberal judges?

Not sure why this lady was seen as some great liberal working for justice, when she was a supporter of Israel and never did anything for Palestinians?

 

[Nostalgic]

Not sure why this lady was seen as some great liberal working for justice, when she was a supporter of Israel and never did anything for Palestinians?

Perhaps because Palestine isn’t (or at least wasn’t) the sole litmus test for establishing liberal credentials.

 

[KingKhanWC]

Perhaps because Palestine isn’t (or at least wasn’t) the sole litmus test for establishing liberal credentials.

It actually is in many ways. US gives over $3B to Israel so it directly supporting one of the worse occupations and human rights abuses on the planet.

This so called great liberal judge has been honoured by various Zionist organistions for her work in helping a terrorist state.

Fake woman, who is not a hero but a villian to others around the world even if the Yanks are brainwashed by her .

 

[Nostalgic]

It actually is in many ways. US gives over $3B to Israel so it directly supporting one of the worse occupations and human rights abuses on the planet.

This so called great liberal judge has been honoured by various Zionist organistions for her work in helping a terrorist state.

Fake woman, who is not a hero but a villian to others around the world even if the Yanks are brainwashed by her .

Actually the Palestinian issue has only now emerged as a liberal cause celebre, certainly in the US. It may have been so in Europe much earlier.

In any case, much of the posthumous veneration has to do with what lies in store. She will be replaced by a Trump nominee, who many fear will be infinitely worse.

 

[KingKhanWC]

Actually the Palestinian issue has only now emerged as a liberal cause celebre, certainly in the US. It may have been so in Europe much earlier.

In any case, much of the posthumous veneration has to do with what lies in store. She will be replaced by a Trump nominee, who many fear will be infinitely worse.

I prefer Trump and his appointees over any fake liberals, at least you know the devil is in front of you.

Palestinian cause is getting more and more support in the UK and Europe. America is far too much influenced by Zionists in every part of their national departments, advisors, powerful groups and also with judges such as this woman.

People can write sweet orbiturties about her because of news reports , liberal shows they saw in the US but the rest of the world arent as brainwashed, words mean nothing when her actions have gone against human rights.

 

[Bigboii]

Not sure why this lady was seen as some great liberal working for justice, when she was a supporter of Israel and never did anything for Palestinians?

Everyone is an Israeli supporter here but if she is doing other things than she should be celebrated not everything in the world revolves around Palestinian issue! (that's 1000s of miles away from here)

Her pros outweighed her cons

 

[KingKhanWC]

Everyone is an Israeli supporter here but if she is doing other things than she should be celebrated not everything in the world revolves around Palestinian issue! (that's 1000s of miles away from here)

Her pros outweighed her cons

Fine, she's a hero for Yanks but any Muslim in America supportinng her or feeling she was some liberal hero need to step back and look into her support for Zionism. Extremist Jews gave her rewards for a reason.

She was Jewish, she callled herself Jewish even though at times saying she didn't believe in any God, shows her obsession with her Jewishness, which she used to help the persecuation.

Picking up 4 people off the floor while stamping on 1 at the same time, doesnt make you a hero for justice but a hypocrite and fake.

 

[sweep_shot]

Trump subjected to boos, chants while paying respects to Ruth Bader Ginsburg

Some in the crowd below the Supreme Court steps chanted, 'Vote him out!'

President Donald Trump paid respects to the late U.S. Supreme Court Justice Ruth Bader Ginsburg Thursday morning, just two days before he announces his nominee to replace her on the high court.

The president and his wife, Melania — both wearing masks — stood silently at the top of the steps of the court and looked down at Ginsburg's flag-draped coffin, surrounded by white flowers.

The death of the liberal-leaning justice has sparked a controversy over the balance of the court just weeks before the November presidential election.

Moments after he arrived, booing could be heard from spectators who then briefly chanted, "Vote him out."

"I think that was just a political chant, we could hardly hear it from where we were," Trump told reporters Thursday afternoon before heading to a campaign rally.

Another chant of "honour her request," could be heard, a reference to a statement by Ginsburg's granddaughter upon her death.

"My most fervent wish is that I will not be replaced until a new president is installed," Ginsburg dictated in a note in her final days, according to granddaughter Clara Spera.

It was an apparent request to treat the vacancy as Republicans did in 2016 when they refused to take up Barack Obama's nominee to replace the late Antonin Scalia, citing the upcoming election.

Trump, without evidence, claimed in a Fox News interview on Monday that the request was contrived by Democrats.

"I don't know that she said that, or if that was written out by Adam Schiff, and [Chuck] Schumer and [Nancy] Pelosi," Trump said. "That came out of the wind. It sounds so beautiful, but that sounds like a Schumer deal, or maybe Pelosi or Shifty Schiff."

Nominee to be announced Saturday
As Trump's motorcade returned to the White House, some spectators standing on the sidewalk chanted "Breonna Taylor." Their calls came one day after it was announced that a Kentucky grand jury had brought no charges against Louisville police for the death of Taylor, a Black woman, during a drug raid connected to a suspect who did not live at her home.

Attorney Laura French travelled to Washington from Athens, Ga., to pay her respects. She said she owes her success to trailblazers like Ginsburg. She said it was right for Trump to come pay respects, though she doesn't agree with him politically.

"He should. He's the president, and she gave her life and service to this country and to these beliefs that are in our Constitution," French said.

White House Press Secretary Kayleigh McEnany called the booing "appalling."

But while the setting was unusual, it's not the first time a president or top candidate has been booed in the midst of a heated presidential campaign. The list of those who have endured such refrains include Richard Nixon, Jimmy Carter and George H.W. Bush at various events.

In between elections, Bill Clinton — who had avoided serving in the Vietnam War — was booed by some veterans at a Memorial Day event at the Vietnam Memorial in 1993, while Barack Obama was famously heckled by Republican congressman Joe Wilson during the State of the Union in 2009.

On Friday, Ginsburg will lie in state at the Capitol, only the second U.S. Supreme Court justice to do so after William Howard Taft. Taft had also been president.

Ginsburg will be buried beside her husband, Martin, who died in 2010, in a private ceremony at Arlington National Cemetery next week. She is survived by a son and a daughter, four grandchildren, two step-grandchildren and a great-grandchild.

Meanwhile, the president is expected to announce his nominee to replace Ginsburg on Saturday. He has said he will select from a list of five women. Republicans are working to move quickly on a confirmation vote, possibly even before the Nov. 3 election.

Source: https://www.cbc.ca/news/world/trump-ginsburg-booing-1.5736928.

 

[Firebat]

Ruth Bader Ginsburg becomes first woman to lie in state in US capitol

Justice Ruth Bader Ginsburg, who died a week ago, is to lie in state in the US Capitol later - the first woman to be granted that honour in history.

The liberal icon died from pancreatic cancer after 27 years on the nation's top court.

Thousands have been paying their respects as she lay in repose outside the Supreme Court building this week.

Ginsburg, who died aged 87, was an outspoken advocate for gender equality and civil rights.

She has been mythologised by liberals and feminists as a barrier-breaking leader.

Dubbed by her fans as the Notorious RBG, she also became the first justice to have two days of viewing at the Supreme Court.

Given the sheer number of visitors coming to pay their respects, organisers determined one day would not be enough.

Makeshift memorials lined the court steps as the lines of those attending Ginsburg's public viewings snaked around the National Mall. Her casket was outside the Supreme Court to allow for outdoor visitation in light of Covid-19.

When she lies in state inside the Capitol the formal ceremony will be invite-only, also due to the pandemic.

She will be buried next week in another private ceremony at Arlington National Cemetery.

Her death has sparked a row between President Trump's Republicans, who wish to nominate a replacement, and opposition Democrats, who say whoever wins the 3 November election should have that right. Back in 2016, Republicans blocked then-President Barack Obama's top court nominee, arguing that the decision should be made outside of an election year.

Naming justices to the nation's top court is contentious as court is the final say in major issues. Recent rulings have included abortion rights, immigration, healthcare and same-sex marriage.

Spoiler

What does it mean to lie in state?

In short, lying in state is when the caskets of prominent government officials are displayed inside the US Capitol or other government buildings.

The first person given the honour was Henry Clay in 1852, a Kentucky Senator who died during his term. Since then, the 33 men who have lain in state at the US Capitol have all been high-profile statesmen, like President Abraham Lincoln, or military members.

Ginsburg will be the first woman and only the second justice from the top court to be given the honour. The first was William Howard Taft, who was also a US president.

Who else has lain in state?

Civil rights leader John Lewis, who served as the Democratic Congressman from Georgia until his death this July, was the last individual to lie in state.

Congressman Elijah Cummings in 2019 became the first African-American lawmaker to do so.

Another civil rights icon and African-American woman, Rosa Parks, received a similar tribute when she died in 2005. She lay in honour in the Capitol Rotunda - a different term for private citizens.

Who was Justice Ginsburg?

Ginsburg joined the Supreme Court in 1993, after her nomination by President Bill Clinton. She was the second woman ever confirmed to the bench.

Among Ginsburg's most significant, early cases was United States v Virginia, which struck down the men-only admissions policy at the Virginia Military Institute.

During her 27-year tenure on the bench, she moved noticeably to the left, serving as a counterbalance to the increasingly conservative-leaning court.

She was known for her forceful - occasionally biting - dissents. Ginsburg did not shy away from criticising her colleagues' opinions.

In 2015, Ginsburg sided with the majority on two landmark cases - both massive victories for American progressives. She was one of six justices to uphold a crucial component of the 2010 Affordable Care Act, commonly known as Obamacare. In the second, Obergefell v Hodges, she sided with the 5-4 majority, legalising same-sex marriage in all 50 states.

https://www.bbc.com/news/world-us-canada-54289609

 

[MenInG]

Donald Trump has been booed and heckled while paying his respects to Ruth Bader Ginsburg, whose death has triggered a political row.

The president and wife Melania, both wearing masks, stood a few metres behind the late Supreme Court Justice's coffin in Washington DC as her body lay in repose at the country's highest court.

 

[Technics 1210]

It actually is in many ways. US gives over $3B to Israel so it directly supporting one of the worse occupations and human rights abuses on the planet.

This so called great liberal judge has been honoured by various Zionist organistions for her work in helping a terrorist state.

Fake woman, who is not a hero but a villian to others around the world even if the Yanks are brainwashed by her .

Spot on.

Her death is yet another opportunity for liberals to make some noise.

Liberals mustn't be allowed on the judciary bench.

The war on liberalism has begun.

 

[Bigboii]

Donald Trump has been booed and heckled while paying his respects to Ruth Bader Ginsburg, whose death has triggered a political row.

The president and wife Melania, both wearing masks, stood a few metres behind the late Supreme Court Justice's coffin in Washington DC as her body lay in repose at the country's highest court.

Disgusting behavior
there's a time and a place for protesting!!

 

[sweep_shot]

Amy Coney Barrett 'to be picked by Trump for Supreme Court'

US President Donald Trump will reportedly nominate Amy Coney Barrett, a favourite of social conservatives, to be the new Supreme Court justice.

The president's decision - to be revealed at the White House on Saturday - has been confirmed to the BBC's US partner CBS News and other US media.

She would replace liberal Justice Ruth Bader Ginsburg, who died last Friday.

The nomination will touch off a bitter Senate fight to get her confirmed as November's White House election looms.

CBS - citing multiple sources involved in or familiar with the selection process - reported that the president had settled on Judge Barrett.

But when asked about his choice on Friday evening, Mr Trump refused to give anything away: "You'll find out tomorrow. Look, they're all great. It could be any of one them."

If Judge Barrett is confirmed, conservative-leaning justices will hold a 6-3 majority on America's highest court for the foreseeable future.

The 48-year-old would be the third justice appointed by this Republican president, after Neil Gorsuch in 2017 and Brett Kavanaugh in 2018.

The Supreme Court's nine justices serve lifetime appointments, and their rulings can shape public policy on everything from gun and voting rights to abortion and campaign finance long after the presidents who appoint them leave office.

In recent years, the court has expanded gay marriage to all 50 states, allowed for Mr Trump's travel ban to be put in place, and delayed a US plan to cut carbon emissions.

Source: https://www.bbc.com/news/world-us-canada-54303942.

 

[sweep_shot]

Amy Coney Barrett: Trump nominates conservative favourite for Supreme Court

US President Donald Trump has nominated Amy Coney Barrett, a favourite of social conservatives, to be the new US Supreme Court justice.

Speaking by her side at the White House Rose Garden, Mr Trump described her as a "woman of unparalleled achievement".

If confirmed by senators, Judge Barrett will replace liberal Justice Ruth Bader Ginsburg who died recently, aged 87.

The nomination will spark a bitter confirmation fight in the Senate as November's presidential election looms.

Announcing Judge Barrett as his nominee on Saturday, President Trump described her as a "stellar scholar and judge" with "unyielding loyalty to the constitution".

Democratic presidential candidate Joe Biden urged the Senate not to "act on this vacancy until after the American people select their next president and the next Congress".

"The United States Constitution was designed to give the voters one chance to have their voice heard on who serves on the Court. That moment is now and their voice should be heard," he said.

If Judge Barrett is confirmed, conservative-leaning justices will hold a 6-3 majority on the US's highest court for the foreseeable future.

The 48-year-old would be the third justice appointed by the current Republican president, after Neil Gorsuch in 2017 and Brett Kavanaugh in 2018.

The Supreme Court's nine justices serve lifetime appointments, and their rulings can shape public policy on everything from gun and voting rights to abortion and campaign finance long after the presidents who appoint them leave office.

In recent years, the court has expanded gay marriage to all 50 states, allowed for Mr Trump's travel ban on mainly Muslim countries to be put in place, and delayed a US plan to cut carbon emissions.

Source: https://www.bbc.com/news/world-us-canada-54312699.

 

[MenInG]

This is a crisis that’s escalating by the hour.

With the news that another member of Trump’s inner circle, Kellyanne Conway, has tested positive, along with two Republican senators, there’s a growing realisation that a Covid cluster has penetrated the heart of US government.

Like Conway, Senators Mike Lee of Utah and Thom Tillis of North Carolina attended the White House event where the president announced his nomination of Amy Coney Barrett to the Supreme Court.

Four other attendees are also known to have tested positive.

Chuck Schumer, the Democratic leader in the Senate, has said it would be "irresponsible and dangerous” to move forward with the judge’s confirmation hearings.

It would be another huge blow to the president if the proceedings were delayed, although the Senate leader Mitch McConnell has said they will continue with expanded use of remote hearings.

 

[MenInG]

United States President Donald Trump’s pick for a US Supreme Court vacancy said she will rule based on the law, not her personal views, in prepared remarks issued on Sunday ahead of her Senate confirmation hearing this week.

Amy Coney Barrett, a conservative appeals court judge, said in her current job she has “done my utmost to reach the result required by the law, whatever my own preferences might be”.

A devout Catholic who has a record of opposing abortion rights, Barrett is likely to be probed by Senate Democrats on that issue in particular.

If Barrett is confirmed to the position by the Republican-controlled Senate, the court would have a 6-3 conservative majority. Conservative activists hope the court will overturn the 1973 ruling, Roe v Wade, that legalised abortion nationwide.

Barrett in 2006 signed on to an advertisement in an Indiana newspaper calling for Roe v Wade to be overturned.

Trump nominated Barrett to replace liberal Justice Ruth Bader Ginsburg, who died last month.

Barrett said in the statement it will be an “honor of a lifetime” to serve alongside the current eight justices and explained how she approaches cases.

“When I write an opinion resolving a case, I read every word from the perspective of the losing party. I ask myself how would I view the decision if one of my children was the party I was ruling against,” she wrote.

The Associated Press news agency reported Barrett said in her opening remarks she will never let the law define her identity or crowd out the rest of her life. She said a similar principle applies to the courts, which are “not designed to solve every problem or right every wrong in our public life”.

“The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the People,” she says.

“The public should not expect courts to do so, and courts should not try.”

Call for recusal

Republicans who control the Senate are moving at a breakneck pace to put the 48-year-old judge on the Supreme Court before the November 3 presidential election, in time to hear a high-profile challenge to the Affordable Care Act, also known as Obamacare, and any election-related challenges that may follow the voting.

US Senate Democratic leader Chuck Schumer said on Sunday Barrett should, if confirmed by the Senate, step aside from any cases involving the outcome of the presidential election and an upcoming challenge to the Obamacare health law.

Schumer, speaking to reporters in New York, said canons of legal ethics should dictate Barrett’s recusal in such cases.

Barrett has given no indication she would consider recusing herself from the cases.

The US will get an extended look at Barrett over three days, beginning with her opening statement on Monday and hours of questioning on Tuesday and Wednesday.

Democrats have pressed in vain so far to delay the hearings, first because of the proximity to the election and now the virus threat. No Supreme Court justice has ever been confirmed so close to a presidential election.

Barrett, who has seven children, would be the fifth woman to serve on the court. Before Trump appointed her to the Chicago-based 7th US Circuit Court of Appeals, Barrett was a professor at Notre Dame Law School in Indiana.

https://www.aljazeera.com/news/2020...-follow-law-ahead-of-us-supreme-court-hearing

 

[Firebat]

Amy Coney Barrett: Senate opens hearing into Trump Supreme Court pick

Amy Coney Barrett, US President Donald Trump's Supreme Court nominee, is going before the Senate Judiciary Committee for what could be a fiery confirmation hearing over the next four days.

The 48-year-old conservative jurist has vowed to judge legal cases impartially.

Judge Barrett's nomination so close to the 3 November presidential election has sparked a political row between the Republicans and rival Democrats.

Judge Barrett's approval would cement a conservative majority on the top court.

Conservative-leaning justices would then hold a 6-3 majority, shifting its ideological balance for potentially decades to come.

President Trump picked Judge Barrett to replace liberal Justice Ruth Bader Ginsburg, who died last month aged 87.

The Republicans - who currently hold a slim majority in the US Senate, the body that appoints Supreme Court judges - are now trying to complete the process before Mr Trump takes on Democratic rival Joe Biden in the election.

The court's nine justices serve lifetime appointments, and their rulings can shape public policy on everything from gun and voting rights to abortion and campaign finance.

Democrats fear Judge Barrett's successful nomination would favour Republicans in politically sensitive cases that reach the Supreme Court.

In his opening statement, committee Chairman Lindsey Graham described Ms Barrett as being "in a category of excellence, something the country should be proud of", but predicted "a long contentious week" of hearings.

The committee's top Democrat Dianne Feinstein opened her remarks defending healthcare reforms passed under President Barack Obama, saying that Ms Barrett's appointment could threaten health access for millions.

"Simply put, I do not think we should be moving forward on this nomination," she said, calling for the hearings to be delayed until after the election.

Read more: https://www.bbc.com/news/world-us-canada-54500556

 

[MenInG]

President Donald Trump's nominee for the Supreme Court, Amy Coney Barrett, is appearing before senators in what has been billed as a "contentious week" of confirmation hearings.

The 48-year-old conservative jurist has vowed to judge legal cases impartially.

But her nomination so close to the 3 November presidential election has sparked a political row between the Republicans and rival Democrats.

The panel's top Republican began by vowing to confirm the "great woman".

But one Democratic senator on the committee described the process as "shameful".

Judge Barrett's approval would cement a 6-3 conservative majority on the nine-member top court, shifting its ideological balance for potentially decades to come.

President Trump picked Judge Barrett to replace liberal Justice Ruth Bader Ginsburg, who died last month aged 87.

The Republicans - who currently hold a slim majority in the US Senate, the body that confirms Supreme Court judges - are trying to complete the process before Mr Trump takes on Democratic rival Joe Biden in the election.

 

[Firebat]

Amy Coney Barrett: Trump Supreme Court nominee faces questions

US Supreme Court nominee Amy Coney Barrett faces a grilling by Democrats opposing her nomination, in day two of her Senate confirmation hearing.

They are likely to cast her as a threat to healthcare reforms passed under former President Barack Obama.

The conservative judge said on Monday she was "honoured" to be President Donald Trump's pick for the top court.

Republicans are seeking to approve her nomination ahead of the presidential election in three weeks.

Her confirmation would give the nine-member court a 6-3 conservative majority, altering the ideological balance of the court for potentially decades to come.

Democrats fear Judge Barrett's successful nomination would favour Republicans in politically sensitive cases that reach the Supreme Court.

She is the proposed replacement for liberal Justice Ruth Bader Ginsburg, who died last month aged 87.

But Republicans have praised Judge Barrett. Senate Judiciary Committee chairman Lindsay Graham on Monday said she belonged in "a category of excellence".

"This is a vacancy that's occurred, the tragic loss of a great woman. And we're going to fill that vacancy with another great woman," he said.

Republicans hold a slim majority in the US Senate, the body that confirms Supreme Court judges, making Judge Barrett's nomination very likely to pass.

Democrats have criticised the rushed process as "reckless" and a "sham", amid a coronavirus pandemic that has killed 215,000 people in the US.

They have also accused Republicans of hypocrisy. In March 2016, when Mr Obama, a Democrat, put forward a nominee to fill a spot on the court, the Senate Republicans refused to hold hearings, arguing the decision should not be made in an election year.

Read more: https://www.bbc.com/news/world-us-canada-54523871

 

[MenInG]

US Supreme Court nominee Amy Coney Barrett has evaded questions about her views on key issues on day two of her Senate confirmation hearing.

The conservative judge repeatedly refused to be drawn on abortion, healthcare and LGBTQ rights.

She stated she had "no agenda" and vowed to stick to "the rule of law".

If Judge Barrett passes the committee hearing, the full Senate will vote to confirm or reject her for a lifelong place on the top US court.

Republicans want the confirmation ahead of the presidential election on 3 November. It would give the nine-member court a 6-3 conservative majority, altering the ideological balance of the court for potentially decades to come.

Democrats fear Judge Barrett's successful nomination would favour Republicans in politically sensitive cases that reach the Supreme Court.

She is the proposed replacement for liberal Justice Ruth Bader Ginsburg, who died last month aged 87.

Who is Trump's Supreme Court pick?
Amy Coney Barrett in her own words
What is Roe v Wade ruling on abortion?
On Tuesday, Senate Judiciary Committee chairman Lindsay Graham, a Republican, said she was "one of the greatest picks President Trump could make" for the court, while Senator Chuck Grassley, a fellow Republican, said her record showed she would approach each case in an "unbiased" way.

Republicans hold a slim majority in the US Senate, the body that confirms Supreme Court judges, making Judge Barrett's nomination very likely to pass.

Democrats fear her as a threat to issues such as the healthcare reforms passed under former President Barack Obama. They have criticised the rushed nomination process as "reckless" and a "sham", amid a coronavirus pandemic that has killed 215,000 people in the US.

They have also accused Republicans of hypocrisy. In March 2016, when Mr Obama, a Democrat, put forward a nominee to fill a spot on the court, the Senate Republicans refused to hold hearings, arguing the decision should not be made in an election year.

What's happening at Tuesday's hearing?
Tuesday is the first of two days of direct questioning from senators on the deeply divided Judiciary Committee. On Monday the judge explained her legal philosophy and qualifications for the position.

Democratic senators are scrutinising her conservative views and decisions she has delivered as a judge on the Seventh Circuit Court of Appeals. Much of her record could be seen to be in opposition to the philosophy of the late Justice Ginsburg.

Senator Dianne Feinstein, the top Democrat on the committee, asked her for her opinions on abortion and LGBTQ rights. But Judge Barrett said it would be wrong as a sitting judge "to make my opinion about precedents".

"I have an agenda to stick to the rule of law," she said, stating that she had "no agenda to try to overrule" other decisions.

The judge is a devout Catholic but stated she had "never tried to impose" her personal choices on others, in her personal life or her professional life.


media captionAmy Coney Barrett: 'Courts not designed to solve every problem'
Democrats fear she could vote to strike down reforms providing health insurance to millions of Americans when the court hears a case against the public health insurance scheme next month.

Judge Barrett has in the past criticised a 2012 Supreme Court ruling upholding the Affordable Care Act (ACA).

But asked for her opinions on the law, Judge Barrett refused again, arguing that as this case is soon to be heard by the court, "the canons of judicial conduct prohibit me from expressing a view".

She also stated that she had had "no conversation with the president or any of his staff" about how she might rule on the healthcare case, adding that it would be a "complete violation of the independence of the judiciary" for someone to put a judge on a court to get a "particular result".

She also added that she is "not hostile to the ACA, I'm not hostile to any statue that you pass."

"I apply the law, I follow the law," she said. "You make the policy."

And the judge also refused to state whether she would recuse herself if any dispute about the presidential election ended up before the Supreme Court. While she vowed to "fully and faithfully" follow the law of recusal, she said she could not "offer a legal conclusion right now".

The hearings last four days.

https://www.bbc.com/news/world-us-canada-54523871

 

[MenInG]

Senate committee approves Trump's Supreme Court pick

As expected, Senate Republicans in the Judiciary Committee have voted to approve Amy Coney Barrett's nomination to the Supreme Court. Minority Democrats unhappy with the way the nomination was rushed through ahead of the 3 November election boycotted the vote.

The full Senate is due meet to endorse Justice Barrett on Monday.

 

[Firebat]

Amy Coney Barrett faces recusal questions over links to Shell

Amy Coney Barrett is poised to make critical rulings on whether oil and gas companies will be held accountable for the effects of the climate crisis once she is confirmed to the supreme court, even though she has acknowledged in the past that she has a conflict of interest in cases involving Royal Dutch Shell.

As an appellate court judge, Barrett – who is expected to be confirmed to the supreme court on Monday – recused herself from cases involving four Shell entities because her father worked at Shell Oil Company as a lawyer.

Industry experts and lawyers have expressed concern – and doubt – whether Barrett would recuse herself from the cases again once she joins the court, in part because there are no rules for supreme court justices that would force her to do so.

Pressed on the matter in written questions bySenator Sheldon Whitehouse, a Democrat from Rhode Island, Barrett would not commit to recusing herself from cases in the future.

“The question of recusal is a threshold question of law that must be addressed in the context of the facts of each case,” she wrote. “As Justice Ginsburg described the process that supreme court justices go through in deciding whether to recuse, it involves reading the statute, reviewing precedents, and consulting with colleagues. As a sitting judge and as a judicial nominee, it would not be appropriate for me to offer an opinion on abstract legal issues or hypotheticals.”

Barrett has not recused herself in the past from cases involving the oil industry’s most powerful lobby group, the American Petroleum Institute, even though her father was an “active member” of the group’s subcommittee of exploration and production law as recently as 2016, and twice served as its chairman.

Environmentalists have already expressed alarm at Barrett’s handling of environment-related questions at her confirmation hearing, in which she refused to accept science that shows humans are dangerously heating the planet and said she could not opine on the issue of climate change because it was a “very contentious matter of public debate”. She separately stated that she did not hold “firm views” on climate change.

Her views are behind even most mainstream Republicans, many of whom have stopped denying climate change and instead begun to downplay its impacts or suggest that a free market and new technology will be enough to fix the problem.

In the very likely event that she is confirmed, Barrett’s decision about whether she will recuse herself from cases involving Shell given her conflict will be known relatively soon because the supreme court recently agreed to hear a case in which the city of Baltimore is suing major oil companies, including Shell, for damages related to the climate crisis.

“Judge Barrett’s evasions last week and in responses to our questions for the record may be what Senate Republicans needed to jam this nominee through for their big donors, but that’s no good for a court that must be seen as giving every litigant a fair proceeding and impartial ruling,” said Whitehouse. “As the Senate rushes headlong to get her confirmation done before the election, we are left to wonder whether she will recuse herself in matters involving Shell subsidiaries, or the American Petroleum Institute, once in a court with no code of ethics; particularly where her evasions on climate change aligned with industry propaganda.”

At the heart of the Baltimore case – whose outcome will probably influence similar legal challenges in a dozen other lawsuits across the country – is the question of whether cities and states can seek damages through state laws for harms due to the climate crisis, which they blame on the companies.

According to Scotusblog, the case before the supreme court is centered on a narrow and technical procedural matter about federal law. But the handling of the case by Barrett will nevertheless be closely watched, in part because another conservative justice, Justice Samuel Alito, recused himself from the case.

Of 16 lawsuits from state and local governments who want the courts to hold oil and gas companies accountable for the effects of the climate crisis, 13 name Shell.

Jean Su, energy justice director and attorney at the Center for Biological Diversity, said if Barrett does not recuse herself on cases involving the company “it is a true reflection of the unraveling of the ethics of that court.”

“If you now have the supreme judicial branch and judges who completely flout pretty cut and dry ethical rules, you are discrediting the judiciary very heavily,” Su said. “It’ll be a sign that the highest court in the land is political.”

Helen Kang, a law professor and director of the Environmental Law and Justice Clinic at Golden Gate University School of Law, said that if Barrett has recused herself previously “unless there has been a change of circumstances, it appears that she should recuse herself”.

https://www.theguardian.com/us-news/2020/oct/24/amy-coney-barrett-shell-recusal-supreme-court

 

[sweep_shot]

Amy Coney Barrett confirmed to US Supreme Court

The US Senate has confirmed Judge Amy Coney Barrett to the Supreme Court in a victory for President Donald Trump a week before the general election.

Mr Trump's fellow Republicans voted 52-48 to approve the judge, overcoming the unified opposition of Democrats.

The 48-year-old took the oath of office at the White House alongside President Trump.

Her appointment seals for the foreseeable future a 6-3 conservative majority on the top US judicial body.

Only one Republican, Senator Susan Collins, who faces a tough re-election battle in Maine, voted against the president's nominee in Monday evening's vote.

Judge Barrett is the third justice appointed by the Republican president, after Neil Gorsuch in 2017 and Brett Kavanaugh in 2018.

The federal appeals court judge from Indiana fills the vacancy left by Justice Ruth Bader Ginsburg, a liberal icon who died last month.

What happened at the White House?
President Trump, just returned from campaigning in Pennsylvania, presided over Justice Barrett's swearing-in ceremony at the White House on Monday night.

Mr Trump said: "This is a momentous day for America, for the United States constitution and for the fair and impartial rule of law."

He added: "She is one of our nation's most brilliant legal scholars and she will make an outstanding justice on the highest court in our land."

Conservative Supreme Court Justice Clarence Thomas administered the oath of office to his new colleague.

Justice Barrett said: "A judge declares independence not only from the Congress and the president, but also from the private beliefs that might otherwise move her.

"The judicial oath captures the essence of the judicial duty: the rule of law must always control."

The event took place on the south lawn of the executive mansion, a month after a similar event to unveil Justice Barrett as the president's nominee was linked to a Covid-19 outbreak that was followed by the president himself testing positive for the disease.

Source: https://www.bbc.com/news/election-us-2020-54700307.