Photo: Caron Creighton / Good Politic
Judge Ruth Bader Ginsburg of the 85-year-old Supreme Court this week missed oral argument in court for the first time in her 25-year tenure. She is currently recovering from a surgical procedure to remove cancerous growths from her lungs.
For most of us, this news is extremely worrying. But for the Trump administration, it's an opportunity. According to Politico, the White House is already preparing possible plans for the departure of Ginsburg. Shit.
The White House "takes the temperature out of possible pre-screened candidates, addresses key stakeholders and simply ensures that people are informed of the process," said a source close to these conversations, who said they is expressed on the merits given the delicate nature of the subject. "They do it very calmly, of course, because the idea is not to be opportunistic, but just to prepare so that we are not caught off guard."
It's very bad.
After the surgery in Ginsburg, things looked good. After only a few days of recuperation, she was up and working in the hospital. His doctors said that there was no sign of illness.
But she also had no intention of missing oral arguments, which she avoided with two other cancer treatments:
Although Ginsburg and the Court itself were embarrassed by his health, his absence from the seat of the Chamber this week became a source of concern because of his remarkable turnout, which persisted in two previous anti-doping treatments. cancer and many other health problems. . Chief Justice John Roberts said on Monday that she could not be present, but that she would nevertheless participate in affairs, reading briefs, filings and transcripts of the proceedings.
If the worst happens and Ginsburg resigns or God forbid, dies, Trump and his team will have the opportunity to install a third Judge at the Supreme Court, following the appointments and confirmations of Neil Gorsuch and Brett Kavanaugh.
The White House has begun to draw up a list of potential substitutes for Ginsburg, many of whom would be women, probably hoping to avoid naming another alleged sexual predator. This process will come back to White House lawyer Pat Cipollone, who replaced Don McGahn when he left following the appointment of Mr. Kavanaugh.
[The possible nominees] include Amy Coney Barrett, a Seventh Circuit Judge, who was a leading contender for the last vacant Supreme Court vacancy created by Justice Anthony Kennedy; Judges Joan Larsen, Amul Thapar and Raymond Kethledge of the Sixth Circuit; Britt Grant, Judge of the Eleventh Circuit; and Thomas Hardiman, Third Circuit Judge; and Neomi Rao, Trump's current candidate at Kavanaugh's former seat at the D.C. Circuit Court.
Even the Conservatives are afraid of the fight that would follow the departure of Ginsburg.
"It would be a brutal confirmation," John Malcolm, director of the Meese Center at the Heritage Foundation for Legal and Judicial Studies, told Politico. "The first two were not easy at all, but it would be much more difficult in this regard: when Neil Gorsuch was a candidate, you would replace a curator with a curator. With Kavanaugh, you replaced the elector in the perpetual ballot, which often did not sit on the side of the so-called conservative wing, which has slightly solidified this one. "
"But if you replace Judge Ginsburg with a person named by Trump, that would amount to replacing Thurgood Marshall by Clarence Thomas," continued Malcolm. "This would mark a big change in the direction of the court."
If that were to happen, there would be a conservative majority of five or six people in court who could stay for decades. Such a majority would allow the court to present terribly regressive policies, the most alarming of which would be to overturn the Roe v. Wade.
In December, Ginsburg said in a speech that she "will do this job as long as I can do it thoroughly".
Get better soon, Ruth.