(Right Country) – The Democrats are openly waging war on President Donald Trump’s nominee to replace the lately deceased Justice Ruth Bader Ginsburg.
POTUS, constitutionally, has every right to replace Ginsburg, especially ahead of an election that is guaranteed to be contested.
The Democrats aren’t worried about constitutionality (they never are), they’re worried about a high court that would heavily lean conservative and originalist.
They want justices who will legislate from the bench, rather than interpret the law as the Supreme Court is designed to do.
However, even the most radical activist judge the court has ever seen, Ginsburg herself, understood that it was important that there be nine justices on the court, rather than eight, as there would be were we to head into the general election.
“It’s important that the Supreme Court is able to resolve conflicts among other courts about what the federal law is,” Ginsburg said, according to The Federalist. “That’s why eight is not a good number.”
“If we’re unable to decide the question, you can have one federal law in one area of the country and the opposite federal law in another part of the country,” she explained.
In October of 2016, Ginsburg told Charlie Rose on Bloomberg that she’d like to see a judicial nomination to replace her former colleague, Justice Antonin Scalia, who had passed away earlier that year.
“I would like to see the court have a full house by the time this term ends,” she said.
Then, in 2019, Ginsburg repeated the importance of having nine justices on the court and dismissed the idea of packing the court, as the Democrats are now threatening to do in retaliation of a Trump SCOTUS confirmation.
“Nine seems to be a good number. It’s been that way for a long time,” Ginsburg told NPR. “I think it was a bad idea when President Franklin Roosevelt tried to pack the court.”
“If anything, it would make the court look partisan, it would be that – one side saying, ‘When we’re in power, we’re going to enlarge the number of judges, so we would have more people who would vote the way we want them to,’” she added.
Well, that’s inconvenient.
Featured image credit: National Museum of American History – flickr.com/photos/nationalmuseumofamericanhistory/26956148064