In a September 2016 conference for law students at Georgetown University, the late Justice Ruth Bader Ginsburg, answering a question from the audience, made it clear that the president’s power to choose a Supreme Court vacancy is during his four-year term and does not end before that time, Breitbart reported.
In the video available on C-SPAN, a student asked the justice, “I was wondering if you thought there were any valid constitutional arguments that would prevent President Obama from filling Justice Scalia’s seat on the Supreme Court.”
To which Ginsburg responded, “As you know, the president has the authority to name appointees to the Supreme Court, but he has to do so with the advice and consent of the Senate.”
The justice added, “The president is elected for four years, not three years,” she added. “So the power that he has in year three continues into year four and maybe some members of the Senate will wake up and appreciate that that’s how it should be.”
The context back then was that Republicans had the majority in the Senate as they do now, and Obama still had more than three months in office. The Senate blocked the vote for Obama’s nominee, Dr. Garland, who would replace Justice Scalia who died in February 2016 and it wasn’t until President Trump took office in 2017 that the vacancy was filled by Justice Neil M.Gorsuch.
Justice Ginsburg’s death created a stalemate between Democrats and Republicans because of the possibility that President Trump’s appointment of a conservative justice to the Supreme Court would result in a 6-to-3 conservative-to- liberal majority.
The weight of Supreme Court decisions is not small; they can really shape the future of the United States on important issues such as abortion, public health management, immigration, among others, and this has driven Democrats and their partners, the mainstream media, crazy.
Because of this history and the and the current situation for the Democrats, leaders like Pelosi and Schumer have made statements that they would use whatever it takes to prevent Trump from appointing a new Supreme Court justice. Pelosi even said that she could start another impeachment trial against Trump any day now.
The late Ginsburg’s comments in 2016 contrast with the alleged “final wish” published by the leftist media where she said she did not want to be replaced until the new president takes office after the Nov. 3 election.
However, the Republicans have already declared their intention to elect the advice Ginsburg gave 2016, “There’s nothing in the Constitution that says the president stops being president in his last year,” and they will vote for President Trump’s nominee so that the United States will have a supreme court with a conservative majority.