In early January, Ruth Bader Ginsburg missed arguments for the first time in her 25-year Supreme Court tenure, as she recovered from cancer surgery. Just this morning, Ginsburg was just released from Johns Hopkins hospital after yet another medical scare.
In 2018, the news of the 85-year old justice’s feeble condition resulted in the White House preparing a shortlist of possible replacements since Ginsburg stated on multiple occasions that she would retire if she could no longer perform at “full-steam.” Naturally, the move by Administration officials was met by cries from the liberal media of an “RBG deathwatch.”
Just last week in a piece published by Axios, President Trump reportedly said he was “saving [Judge Amy Coney Barrett] for Ginsburg,” which has reignited the speculation of the Justice’s place on the court.
After the 2018 Midterms, Democrats were overjoyed to proclaim that the 116th Congress is “the most diverse in history,” with the addition of controversial new members like Alexandria Ocasio-Cortez, who proposed a 70% tax on the rich, introduced her “Green New Deal,” aiming to phase out all cars and cows, and Rashida Tlaib, who yelled “impeach the motherf****r” on her first day in Congress, as a jab at President Trump.
With the Democrats’ radical base fired up to move farther left, coupled with their desperation to be the most “diverse” in history by every account, not even the “Notorious RBG” herself would make the cut to serve on the Supreme Court if the Democrats were in power today. So, who would the Democrats put up for the post, if they were in control?
While serving on the D.C. Circuit, Ginsburg “had shown herself to be a moderate [and] a centrist.” There is no way in this political age that Democrats would put someone up for the Court with anything but the staunchest, most “progressive” liberal views, not to mention someone who doesn’t check all their arbitrary boxes, like being a woman of color for example.
So, who would that leave to fill the bench? For starters, the candidate would have to be a woman since RBG made clear her opinion that there would “be enough women on the Supreme Court when there are nine.” Merrick Garland and any other man on any court or legislative body would have to be removed from consideration.
To placate the Left’s insane race quota, the candidate would most likely be a woman of color, especially since it would “make history” having the first black woman on the highest court. If we are solely going off of women from former President Barack Obama’s Supreme Court shortlist, that rules out most district court judges like the D.C. Circuit’s Patricia Ann Millett, former cabinet secretaries like Janet Napolitano and Hillary Clinton, and former senators like Claire McCaskill.
I would note that if the Obama-nominated Justice Sonia Sotomayor were up for the appointment in this political climate, by current Senate Judiciary Committee members Kamala Harris and Mazie Hirono’s religious standard, Sotomayor’s Roman Catholic faith, which the senator called “religious bigotry” would be a disqualifier. Luckily, none of the women on this list are Catholic because, by this standard, not even Catholic President John F. Kennedy should have been elected.
By eliminating most people in the judicial, executive, and legislative branches by gender, race, and religious quotas, there are only a few contenders left: Former Attorney General Loretta Lynch, District Court Judge Ketanji Brown Jackson, former Georgia Chief Justice Leah Sears, and U.S. Senator Kamala Harris.
The Supreme Court is notorious for favoring the Ivy League, and since Ginsburg attended Cornell, Columbia, and Harvard, it would only be fitting to replace her with someone of similar academic background. Senator Harris would be excluded, since she attended Howard and UC Hastings, leaving only three candidates, although Leah Sears attended Cornell for undergrad, where her competition both graduated from Harvard Law School. So, she can be crossed out as well.
Only two women would then remain for the coveted seat on the highest court: former AG Loretta Lynch, and District Court Judge Ketanji Onyiaka Brown Jackson. Loretta Lynch, being a household name serving in the Obama Administration, also brings major baggage. For instance, Lynch displayed “incredibly bad judgment” in meeting Bill Clinton on an Arizona tarmac, while the former president’s wife, Hillary was running for President, and under FBI investigation.
Judge Ketanji Onyiaka Brown Jackson clerked for the liberal Supreme Court Justice Stephen G. Breyer, served on the U.S. Sentencing Commission, worked for a private law firm, and was a supervising editor of the Harvard Law Review before taking the bench. Jackson would be a favorite among liberals, since in August 2018, she “dealt the Trump administration a setback in its efforts to rein in the power of federal employee unions” by ruling significant elements of three executive orders invalid.
It would seem that if Justice Ginsburg retired today, with Democrats in power, we would be looking at Justice Ketanji Onyiaka Brown Jackson, due to her youth (11 years younger than Lynch), experience, and how difficult it would be to ram Loretta Lynch’s nomination through the Senate due to her alleged corruption.
Thankfully, Republicans hold a comfortable Senate majority, President Donald Trump is in the White House and is likely to be reelected. If the “Notorious RBG” were to leave the Supreme Court today, the Supreme Court would remain in good hands, and Americans would not have to worry about another activist judge on the U.S. Supreme Court.
However, time is fast approaching near the next election, and it’s unclear how quick Mitch McConnell could push a new Supreme Court justice through the U.S. Senate confirmation process with Democrats likely to obstruct and bring out false sexual assault accusers to slow down the process.