Rest in Power, RBG: A Celebration of Her Life and the Controversy That Follows
After Supreme Court Justice Ruth Bader Ginsburg’s passing on Sept. 18, Peninsula students and other individuals across the country mourned by flying U.S. flags at half-mast and sharing messages of grief, respect and love. She did not just leave behind an incredible legacy, though; her empty spot has now opened up on the U.S. Supreme Court, generating a storm of controversy about her new successor. In any given year, the President has the power to appoint Justices when a position opens; President Donald Trump has already sworn in Justices Neil Gorsuch and Brett Kavanaugh, both Republican. These appointments left the Supreme Court with a 5-4 Conservative majority prior to Ginsburg’s passing. However, Supreme Court Justice appointments become complicated during an election year. According to the New York Times, precedence set by the 2016 Senate’s block of President Barack Obama’s Supreme Court nomination states that in any election year, the appointment of new Justices should be left to whomever wins the upcoming Presidential race. Without even waiting a week following Ginsburg’s death, Trump completely disregarded this precedent and nominated a candidate in favor of his party: Judge Amy Coney Barrett. This completely contradicts what his political party argued four years ago as Obama attempted to do the same before leaving office. In light of this information, Trump should follow the advice that Republicans gave Obama in 2016 and simply wait until after the election to appoint a new justice–that is; that is, if he is still in office.
“Trump definitely should not have nominated Barrett,” senior Samantha Schmidt said. “But honestly, it is now up to the Senate to decide if they will appoint her as Justice. That is [concerning] because our Senate has a Republican majority, which means they will be more likely to swear in a Conservative Justice like Barrett.”
If Trump were to be successful in swearing in Barrett, this would serve as a loss for both the LGBTQ+ community and women’s reproductive rights. These primarily socially liberal causes would pass through a 6-3 Conservative majority bench and then be shot down. Barrett’s position on these causes is no secret, and it perfectly aligns with Trump’s explicit conservative stance. Furthermore, she states in an interview with the National Public Radio that she agrees with the dissent on Roe v. Wade, 1973, which argued against a woman’s right to an abortion.
In a letter supporting the Catholic Church’s stances on marriage, divorce, abortion and LGBTQ+ rights in 2015, Barrett displayed complete disapproval for the LGBTQ+ community, contraception, abortion, divorce and marriage equality. Although she is entitled to her own opinion, this is still completely indicative of how Barrett would vote if appointed; Roe v. Wade could be overturned, effectively dismantling the reproductive rights that Ginsburg had spent her career establishing. Furthermore, this conservative Republican majority would simply not be representative of the two party system that the U.S. was founded upon, nor does it uphold the American values of liberty, justice and equality.
“The issue is that within the Supreme Court, we need equal representation of both parties,” sophomore Safia Bethune said. “If Trump were to put in Judge Barrett, it would result in hardly any [Democratic] representation. I think that we should wait until the election to decide on who will choose. If Trump wins, he would choose another Justice; if Biden wins, he would be able to choose the next Justice.”
Despite the obvious moral reasons against Barrett’s nomination, a fair argument can be made on her behalf: both Trump and the Senate have a Constitutional right to swear her in. Legal precedence from 2016 is not written into law, but what is explicit is the President’s power to appoint Judges to the Supreme Court, no matter how close to Election Day. The legality of the appointment is indisputable-its moral implications are not. Therefore, extensive thought should go into every appointment, and presidents should never be able to hastily swear someone in, just because they might be close to leaving office.
If Barret is to assume the new Justice position, though, then she cannot do so without recognizing the progress Ruth Bader Ginsburg made as the second woman and first Jewish woman to be appointed to the U.S. Supreme Court. Her mere presence not only inspired millions of young women worldwide, but also demonstrated steps toward diversifying Justices on the Supreme Court, whom have primarily been Christian, white males.
“Ginsburg has had the same impact on my life as she has had for many other girls,” Bethune said. “She has allowed us [to gain] the rights to our own bodies and [was] an icon for girls looking to be in political positions as they get older. ”
Ginsburg spent her life fighting for historically marginalized citizens, most notably women and members of the LGBTQ+ community. For women especially, she protected their rights to abortion and equal educational opportunities through her decision in Whole Woman’s Health v. Hellerstedt, 2016 and United States v. Virginia, 1996, respectively. The first case ruled the unnecessary restrictions placed on Texas-based abortion providers to be unconstitutional. The second, of which Ginsburg represented the majority opinion, determined that the Virginia Military Institute’s male-only admissions policy was unconstitutional. Furthermore, she supported the LGBTQ+ community by debating and voting in favor of legalizing same-sex marriage (Obergefell v. Hodges, 2015).
The extent of Ginsburg’s influence can only truly be represented by listening to the stories of the communities and lives that she impacted through her relentless fight for equality and honorable use of her platform. She was a true icon of strength, feminism and the pursuit of justice. One can only hope that whoever fills her shoes on the Supreme Court will use their power and position for good like Ginsburg did for 27 years.
“Ginsburg [left] a legacy beyond what words can describe,” senior Katin Sarner said. “She is a true American hero.”
