With the death of Supreme Court Justice Ruth Bader Ginsburg, the already unpredictable 2020 presidential campaign has been thrown into fresh turmoil. Yet even while the political battle lines are already being drawn, there is one man who can not only help maintain the integrity of the Supreme Court, but also the very fabric of the nation.
Chief Justice Roberts.
Following the death of Justice Ginsburg on Friday evening, the battle over the appointment of her successor took only hours to get underway. While even Ginsburg’s critics were lauding the iconic jurist’s life, politics were quick to follow, with President Trump pledging to quickly appoint a nominee and Senate Majority Leader Mitch McConnell pledging to bring the nominee to the Senate floor for a vote. McConnell’s decision was quickly blasted by Democrats, and even some Republicans.
WASHINGTON, DC - NOVEMBER 30 : Chief Justice of the United States John G. Roberts, and Associate ... [+]
Ginsburg herself anticipated the political melee over her replacement as well as the consequences of her death so close to an election. NPR first reported that in her dying days, Ginsburg’s wish was for the new president appoint her successor, dictating to her granddaughter Clara Spera prior to her death: "My most fervent wish is that I will not be replaced until a new president is installed."
While it already appears that President Trump and Senate Republicans do not plan to honor that wish, there is one person who can:
Chief Justice John Roberts.
Even though Roberts loathes stepping into political debates created by the other two branches of government, he continues to demonstrate that he is an unyielding institutionalist, always concerned about the paramount role of the Supreme Court and the place it holds in American government. He is cautious not to let the Supreme Court be accused of political willfulness, and he handles his own role in leading the Court in a way that demonstrates its independence and integrity.
That is why it must trouble Roberts to know that a recess appointment to the Supreme Court, and perhaps approval by a lame duck Senate, would be deeply problematic at this moment of volatile political division less than 45 days before an election. The suggestion by many Democrats to pack the court if the Republicans proceed to approve a Justice with a lifetime appointment to the Supreme Court prior to, or immediately after the election, must also be troubling. Both sides are proposing actions that would pose a significant threat to the integrity of the court both immediately and in the long term.
Which is why Chief Justice Roberts has such a powerful role in the present crisis.
In the coming days, Roberts should submit a letter, either by himself or alongside of his fellow colleagues on the Supreme Court, forcefully requesting that President Trump and Congress honor the request of Justice Ginsburg. In doing so, Roberts and his colleagues would be paying one final tribute to their deceased colleague. Even more importantly, though, they would be doing service to the institution which they have sworn to serve and to the Constitution they have premised to uphold. By recognizing the perilous moment the nation is in, and allowing for the people (and not just the politics) to determine who their next colleague will be, the Court could also teach the nation how to show patience and respect in the face of hastiness and disregard.
As part of his opening statement of his Supreme Court confirmation hearing in 2005, then Judge Roberts said the following: “If I am confirmed, I will be vigilant to protect the independence and integrity of the Supreme Court, and I will work to ensure that it upholds the rule of law and safeguards those liberties that make this land one of endless possibilities for all Americans.”
Now is the moment, perhaps the paramount moment, for Roberts to put that statement into action. By requesting that the two political branches of our government momentarily pause their process to nominate and confirm a new Justice, Roberts can protect both the integrity and the independence of his court, and honor his late colleague’s wishes. In doing so, Roberts can help truly save the Supreme Court…
And America.
