Obamacare could be doomed if Trump fills another Court seat

Tuesday, 22 Sep, 2020

This time around - with his party controlling both the U.S. Senate and White House - Portman isn't urging the Senate to let the election victor decide who should replace Supreme Court Justice Ruth Bader Ginsburg, who died on Friday.

The president said on Saturday that he is going to "move quickly" and that he expected to announce his nominee in the coming week and that it "will be a woman - a very talented, very brilliant woman".

Mr Biden has urged Senate Republicans to delay a confirmation vote.

The ideological balance of the nine-member court is crucial to its rulings on the most important issues in U.S. law.

"There is no doubt, let me be clear, that the voters should pick the president, and the president should pick the Justice for the Senate to consider", Biden told reporters at an airport in New Castle, Delaware, on Friday evening.

Ms Coney Barrett is a self-styled constitutional "originalist", a legal school of thought which states that the U.S. constitution should be interpreted as the founding fathers intended it to be at the time it was written.

Maine's Susan Collins - who is the midst of a heated re-election battle - has said she opposes holding a vote to replace Ginsburg before the election.

"We won. And we have an obligation, as the winners, to pick who we want", the president said Saturday. After losing his wife during childbirth, Wiesenfeld petitioned to be able to stay home to care for his kid, an idea hardly supported by the Supreme Court back in 1975 - widows received special benefits due to being the "primary caregiver" whereas widowers did not.

Amy Coney Barrett is a frontrunner to replace RBG. Image AP Images
Amy Coney Barrett is a frontrunner to replace RBG. Image AP Images

Biden reiterated his pledge to nominate an African-American woman to the court- historic first.

Murtaugh said Ginsburg's successor was Trump's prerogative, regardless of the timing. "If the GOP goes forward with trying to fill the seat this year regardless of the election result, I think there is a substantial likelihood (at least 50% or more) that the Democrats will respond with court-packing, the next time they get a chance to do so", George Mason University law professor Ilya Somin said via e-mail.

Speaking to reporters on the campaign trail that year, Cruz cited "precedent" for a Supreme Court with fewer than nine justices.

Barrett joined three conservative judges in asking for the ruling to be tossed and for the full court to rehear the case.

Republican Senator Ted Cruz said there was a practical reason for filling the vacant seat - the justices may be called on to decide the outcome of a disputed presidential election. Senate Majority Leader Mitch McConnell has vowed to bring a Trump nominee to the Senate floor for a vote this year. The morning after Ginsburg's death, Trump pushed Biden to release a list of his potential nominees to the Supreme Court. The Senate then votes to confirm - or reject - the choice.

The second female justice to be appointed to the United States Supreme Court died Friday after succumbing to the multiple cancers she fought for many years, and March Gallagher, the Ulster County comptroller and a lawyer organized Sunday's memorial to honor the feminist and civil rights icon. The move comes just six weeks before the election. Her death means that, should the Republicans get the vote through, the balance of power would shift decisively towards the conservatives. Both of Trump's Supreme Court appointments - Neil M. Gorsuch and Brett M. Kavanaugh - are White men, a demographic that has consistently supported Trump.

Michael New, an abortion opponent who teaches social research at Catholic University of America, said a successful Trump nomination could further embolden anti-abortion state legislators. Two conservative candidates are seen as the main contenders for the lifelong job - but reports suggest some other names are also being considered.

Barbara Lagoa: A Cuban American of the Atlanta-based 11th Circuit Court of Appeals, she was the first Hispanic judge on the Florida Supreme Court.