Ginsburg’s Last Wish: “Not To Be Replaced Until A New President Is Installed”

WASHINGTON, DC - NOVEMBER 30: United States Supreme Court (Front L-R) Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel Alito, Jr., (Back L-R) Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan and Associate Justice Brett Kavanaugh pose for their official portrait at the in the East Conference Room at the Supreme Court building November 30, 2018 in Washington, DC. Earlier this month, Chief Justice Roberts publicly defended the independence and integrity of the federal judiciary against President Trump after he called a judge who had ruled against his administration’s asylum policy “an Obama judge.” “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said in a statement. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.” (Photo by Chip Somodevilla/Getty Images)

While we mourn the death of Justice Ruth Bader Ginsburg, the reality is her passing has thrust the Supreme Court into the forefront of the presidential race. And Justice Ginsburg knew that would happen. The Justice herself had this on her mind in her final days. NPR is reporting that in a statement dictated to her granddaughter Clara Spera days before her death, Ginsburg said:

“My most fervent wish is that I will not be replaced until a new President is installed.”

As the New York Times reports, “Senate Republicans have promised to try to fill the vacancy even in the waning days of his first term. The confirmation battle, in the midst of a pandemic and a presidential election, is sure to be titanic.”

And Senate Majority Leader Mitch McConnell pledging to try and replace RBG. He quickly released a statement Friday night saying, “President Trump’s nominee will receive a vote on the floor of the United States Senate.”

But if a handful of Republican Senators raised serious concerns, there is a chance McConnell would realize a confirmation before the end of Trump’s first term might be impossible. We are hearing that a few Senators may already be expressing some hesitation. A journalist with Alaska Public Media has reportedly gotten word that Lisa Murkowski wouldn’t support a nominee before January 20th.

Alaska's @lisamurkowski said today she won't confirm a new SCOTUS justice until after the inauguration day. Fair is fair, she says. My colleague @kcgrove will have a story shortly.
— Liz Ruskin (@lruskin) September 18, 2020

News: @SenatorCollins told me earlier this month in Maine that she would not seat a Supreme Court justice in October.

“I think that’s too close, I really do,” she said.

She said she’d also oppose seating a justice in the lame duck if there’s a change in presidents.
— Jonathan Martin (@jmartNYT) September 19, 2020

BREAKING: A high-level Romney insider tells me Mitt Romney has committed to not confirming a Supreme Court nominee until after Inauguration Day 2021. #Mittrevenge #utpol
— Jim Dabakis (@JimDabakis) September 19, 2020

Four senators would have to vote with the Democrats in order to block a Trump nominee.

Here’s what Lindsey Graham, Senate Judiciary Committee Chairman, had to say in 2018 about a possible presidential election year SCOTUS vacancy https://t.co/YlXMkWgST7
— Rebecca Buck (@RebeccaBuck) September 19, 2020

And here’s what Senate Minority Leader Chuck Schumer is saying.

The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.
— Chuck Schumer (@SenSchumer) September 18, 2020

Democratic nominee Joe Biden, said in Delaware after returning from a campaign trip: “There is no doubt, and let me be clear, that the voters should pick the president, and the president should pick the justice for the Senate to consider.”