Ruth Bader Ginsburg was a progressist judge and an icon of feminist struggles. She died on the 18th of September 2020 of pancreatic cancer. Her death caused immense grief for feminist activists. Many people went to the supreme court to deposit commemorative objects to pay homage to her. It also raised a disagreement between Republicans and Democrats less than two months away from the presidential elections. D. Trump wants to designate a conservative judge before the 3rd of November which is the date of the presidential election. On their part, democrats want to wait until January hoping to win the presidential election.
The supreme court: the apex of judicial power
The supreme court of the US is not a simple court of justice, it is the apex of judicial power and the court of last instance. It has an immense impact on US society. Its function is to determine if decision, law, decrees developed by the different states or by the federal state are in conformity with the constitution. Its decision is without appeal. The decisions taken but the supreme court allow to decide on major societal issues. This is why composition is so important.
This court is composed of nine judges, including a president. The President of the US appoints them on a proposal; the senate must approve then. This appointment is for life which induces a certain irremovability. Until now, there were a majority of conservative judges. Five were appointed by r********n presidents of which two by Trump. In order to have a balance, the president of the supreme court, John G.Roberts, who is conservative, voted sometimes in favor of some and some other time in favor of others. However, this balance will surely be damaged after the death of Ruth Bader Ginsburg.
Trump’s announcement of the replacement at the Supreme Court: bad news for women’s rights, gender equality and the LGBTQ+ movement
Trump has already announced the appointment of Amy Coney Barrett as the replacement of Ruth Bader Ginsburg at the supreme court. She is conservative, a leader of the movement against the abortion and a figure of the religious right. She would be the sixth conservative judge at the supreme court. This means that it would lead to the Supreme court decisions being tilted the balance to the right-wing.
In other words, the appointment of this judge will conduct to a questioning of the acquired rights of women, homosexuals and transgender people. If Trump wins the next presidential, she will help him to abolish the decisive victories of the LGBTQ movement. If he does not, she will be a barrier to the progress of society. In any case, it is bad news for human rights.
The Senate still can challenged this appointment
The Senate has the power to decide not to take a decision right away and wait for the next presidential election. Currently, Republicans hold a slim majority of 53 senators. Nevertheless, among these 53 Senators two are moderated. They announced that they are not in favor of a nomination prior to the presidential elections. In the event of a perfect tie, it would be up to the Vice President, Mike Pence, to decide.
Actually, because of this hypothetical appointment the women’s and LGBTQ+’s rights are in danger. However, the Senate can still safeguard their rights, there is hope.