“Notorious RBG,” also known as Ruth Bader Ginsburg, sadly passed away on September 18, 2020, after serving 27 years on the Supreme Court. Ginsburg was “notorious” for her constant fight for women’s rights and always pushing for feminist ideals. Her death brings up a new question: Who will replace her in the U.S. Supreme Court, and more importantly, is President Trump allowed to elect someone new, just a few months away from a new election?
Once sworn into the Supreme Court, the nominee is appointed for life. To become a Supreme Court judge, there are not any specific requirements. The only requirement is that the president’s pick is supported by 51 of the Senate’s votes.
Many Democrats are fearful for President Trump’s nominee, as he is considering conservative Amy Coney Barrett. This is seen as an issue for the left-wing, as they fear a larger conservative majority will be detrimental to women’s rights such as abortion, and the country as a whole.
However in order for rights like abortion to be taken away, a lot of other things must occur first. Abortion is protected under the Roe v. Wade decision, and the only way it could be taken away is if the majority of the Justices vote to overturn it. Even then, the decision will be up to each state.
There is also the question of whether President Trump should be allowed to elect someone right before an election or not. The logical answer should be yes, as he is still president and has the constitutional right to do so. However, many opposers of President Trump bring up the hypocrisy that surrounds it all.
In 2016, also an election year, former president, Barack Obama, was faced with the same situation. Senator Mitch McConnel declined Obama’s pick by claiming that since it was an election year, Obama should not be able to appoint someone new.
Recently, McConnel has switched his opinion. He now agrees that Trump should appoint someone, regardless of the election being less than 50 days away.
In any other circumstance, Trump should be allowed to nominate and appoint someone new. But, because they blocked Obama’s pick in 2016 as a result of it being an election year, the same ideology should be applied to President Trump in 2020 as well.