What Ruth Bader Ginsburg’s Death Means for the Supreme Court — And the Nation

Before she died, Justice Ginsburg said, "My most fervent wish is that I will not be replaced until a new president is installed." But President Trump and Senate Majority Leader Mitch McConnell don’t care. Despite an election already underway, they want a new justice installed before Election Day — someone Trump promised would overrule Roe v. Wade and strike down the Affordable Care Act (ACA). So, while the Senate has stalled the passage of crucial COVID-19 health and economic relief for more than 18 weeks, McConnell plans to lead the Senate in appointing a third Trump-nominated justice in the next few weeks, according to reports. 

There's still hope. Justice Ginsburg left us with the drive to fight for what’s right. And, in her honor, we won’t give up. 

When Justice Ginsburg was asked about the Trump-Pence administration’s wrongdoings, she quoted Thomas Jefferson: “When injustice becomes law, resistance becomes duty.” We have our marching orders.

The fate of our rights, our freedoms, our health care, our bodies, our lives, and our country depend on what happens now. It will be a tough fight — but we've faced tough fights before, and we know we can win.

The Terrifying Potential Consequences: We could lose the right to control our bodies

Remember when the Supreme Court allowed Trump’s Muslim ban? If Trump and McConnell are successful, we can expect more of that. And remember the rulings — including just a few months ago — when Justice Ginsburg helped protect abortion access? Rulings like those will be harder to come by if Trump gets his way.

Overturning Roe v. Wade

President Trump has long bragged about opposing safe, legal abortion — and he’s followed through. He promised to appoint Supreme Court justices who’d overturn Roe v. Wade, the 1973 Supreme Court decision that affirms the right to access safe, legal abortion. On the 2016 campaign trail, he said: “If we put another two or perhaps three justices on [the Supreme Court], that [overturning Roe v. Wade] will happen. And that will happen automatically, in my opinion, because I am putting pro-life justices on the court."

Trump is still committed to nominating Supreme Court justices who would dramatically restrict abortion access and threaten its legal status. And now, 17 abortion rights cases are one step away from the Supreme Court. 

This is not what voters want. The vast majority (77%) of the American people support access to safe, legal abortion. 

Striking Down the ACA

With the death of Justice Ginsburg, access to health care coverage is also severely at risk. The Supreme Court is set to hear oral arguments the week after Election Day, in a case brought by Republican attorneys general, attempting to strike down the ACA. Without Justice Ginsburg, the Supreme Court is poised to destroy the entire ACA — this generation's biggest advancement for sexual and reproductive health care.

Where We Are With the Federal Judiciary

Trump has packed the nation’s federal courts with more than 200 judges in lifetime positions. Many of these federal judges, including Supreme Court Justices Brett Kavanaugh and Neil Gorsuch, are extremely conservative and have records of hostility to reproductive rights. 

Trump’s picks could restrict our rights for at least a generation. They’re poised to rule against access to health care coverage, birth control, sex education, and care at Planned Parenthood health centers — as well as reproductive, voting, immigrant, and LGBTQ+ rights. The prospect of another Trump-appointed justice on the nation’s highest court escalates these risks exponentially.

Hypocrisy in Action: Planning to appoint a justice now, but blocking it under Obama

In March 2016, eight months before the election, Obama nominated Judge Merrick Garland to the Supreme Court. At that time, McConnell created a new rule that a Supreme Court seat shouldn’t be filled in a presidential election year. McConnell made an unjustifiable power grab, blocking Obama’s nominee from a Senate vote.

Now, with an election already underway, and fewer than 40 days before Election Day, McConnell has changed course. The night Justice Ginsburg died, McConnell announced he’ll move forward to fill her seat. The next day, Trump said he’d do it “without delay.” All before Justice Ginsburg’s services, and before she is laid to rest.

It’s another power grab, and we won’t stand for it.

Malice on Display: Senate GOP is ramming through confirmation, but ignoring COVID-19 relief

McConnell and Senate GOP leaders can find time to push through a Supreme Court nominee in just a few weeks. But amid a pandemic and economic crisis, they’ve sat on the latest relief bill for nearly FIVE MONTHS. This, with more than 200,000 Americans dying from COVID-19, health care providers still struggling to access personal protective equipment; many children still unable to attend school in person, and many businesses in peril.  

The Trump-Pence administration’s priorities have never been about the health of our country, nor about allowing people to make decisions about their own bodies. It’s always been about power. Trump and GOP Senate leaders are pandering to their base instead of saving American lives. 

Senators Who Vote for a Nominee Before Inauguration Day Risk Losing Their Reelection Bids

The plan to install a new justice before the election is actually a politically poisonous move for the GOP. Why? Because it would put every vulnerable Republican Senator up for reelection at even greater risk. 

With our health and civil rights on the line, voters don’t want the confirmation of a new Supreme Court justice until their choice for president is in office. Senators who go against the will of the people and vote to confirm a nominee before Inauguration Day will pay the price at the ballot box.

We’re watching vulnerable Senators who seem ready to help Trump fill this seat: Thom Tillis (R-NC), Martha McSally (R-AZ), Steve Daines (R-MT), Cory Gardner (R-CO), Joni Ernst (R-IA), David Perdue (R-GA) and more. Our warning for them: You vote for any Trump nominee, you’ll be out of a job.

Trump’s Nominee 

Trump has said he plans to nominate a woman to replace Justice Ginsburg on the Supreme Court. But being a woman isn’t enough for a Supreme Court justice to rule fairly. That’s just tokenism. 

Justice Ginsburg was a fierce defender of our right to control our bodies, our lives, and our destinies. She spent her entire life fighting for gender equality. But a female justice nominated by Trump endangers the progress Ruth Bader Ginsburg made. For example, Judge Amy Coney Barrett — one of the women Trump is considering — opposes abortion rights and holds critical views of the Roe v. Wade decision, and believes judges shouldn't follow the Constitution if it conflicts with their personal beliefs.