Depending on when the Senate holds confirmation hearings, that could mean only three Republican senators would be required to hold the seat for Joe Biden to fill. It’s doubtful that three Republican senators would show such civic decency, but we should still use every tool at our disposal to demand it of them.
Outraged people should take to the streets en masse. Democrats in the Senate may not be able to stop Republicans from shoving a nominee through before the election or during a lame-duck session, but if it happens they should do all in their power to grind Senate business to a halt.
And if Republicans do give Ginsburg’s seat to some Federalist Society fanatic, Democrats must, if they win back the presidency and the Senate, abolish the filibuster and expand the court, adding two seats to account for both Garland and Ginsburg.
This goes against Joe Biden’s instincts toward bipartisanship and national reconciliation. But if Republicans continue to ruthlessly bend the rules to establish the domination of the minority over the majority, only hardball tactics can restore democratic equilibrium. Republicans will shriek, but their brazen hypocrisy should justify such dramatic moves in the eyes of the public. They’ll be the ones who’ve annihilated whatever legitimacy the court has left.
Graham’s words couldn’t be clearer, nor could those of Senator Chuck Grassley, the former chair of the Senate Judiciary Committee, who blocked Garland. Just last month, Grassley said that he “couldn’t move forward” with a Trump nominee this year because of the 2016 standard. If Republicans force a justice on us, it’s because they believe that standards are for suckers, and people who hold power need not be constrained by any pledge or institutional tradition.
According to Ginsburg’s granddaughter, the justice made a dying wish: “My most fervent wish is that I will not be replaced until a new president is installed.”
Article source: https://www.nytimes.com/2020/09/19/opinion/ruth-bader-ginsburg-death-supreme-court-nomination.html