Ruth Bader Ginsburg's Death: What Does it Mean for America?

By Leonie Williams

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Supreme Court Justice Ruth Bader Ginsburg sadly passed away on Friday 18th of September at the age of 87. The aptly-nicknamed Notorious RBG has become a liberal legend and iconic feminist. As the 2nd woman ever to be appointed to the US Supreme Court, and thanks to her liberal stance on many topics, she quickly became the face of anti-discrimination. Her death has created a political crisis, but there is so much more she should be remembered for.

"Our nation has lost a justice of historical stature... a tireless and resolute champion of justice" - Chief Justice John Roberts

RBG in her iconic collar. Source: Forbes

Who is Ruth Bader Ginsburg?

Ruth Bader Ginsburg was no stranger to discrimination, having been 1 of only 9 women in her Harvard Law School class of 552 students. After graduating from both Harvard and Columbia, Supreme Court Justice Felix Frankfurter refused to give her a clerk job interview because he ‘did not work with women’. This did not stop her, as she went on to build her legal legacy in the 1970s as a litigator with the American Civil Liberties Union. RBG’s strong advocacy for equality and justice shone through whilst winning a string of ground-breaking sex-discrimination cases, expanding civil rights law and the 14th amendment protection to women.

Ginsberg brought her philosophy that everyone deserves “equal protection” under the law with her to the Supreme Court when Bill Clinton appointed her in 1993. Clinton expressed that “I believe that in the years ahead she will be able to be a force for consensus building on the Supreme Court, just as she has been on the court of appeals.” This prediction rang true, as RBG proved to be a huge advocate for women’s rights, LGBTQ+ rights, immigration and healthcare rights on the court.

What does her death mean for the court?

The death of Ruth Bader Ginsburg means that there is now a seat open on the Supreme Court. Traditionally it is the President, with the approval of the Senate, who appoints a new justice to the Supreme Court, however the Presidential election taking place in a matter of weeks complicates things. President Trump and the Republicans in the Senate are trying to appoint a conservative justice and as Justice on the Supreme Court is a lifelong appointment, a replacement of this sort could change the ideological balance of the court for an entire generation to a potentially bulletproof conservative majority of 6 to 3.

Why is this a big deal?

An ideological shift like this has not happened in 50 years, since 1969. Republican presidents have appointed the past 14 out of the 18 justices elevated to this court. Some of these turned out to be more moderate than expected, such as Sandra O’Connor and Anthony Kennedy. However, hopes of something similar happening this time around are slim, due to the current hyper-partisan nature of politics in America.

Trump’s most recent nominee for the seat is Amy Coney Barrett. This nomination has caused concern among progressive members of the Senate; as a committed Roman Catholic with conservative views, they are concerned that the judge will be guided by her religious beliefs, potentially affecting many laws around reproductive rights, voting rights, protection against discrimination and criminal justice.

Balance of the Supreme Court before Ginsburg's passing. Source: New York Times

Can Trump do this?

There is no guarantee that Trump will be able to have a new justice confirmed by the Senate before the Presidential election. The Senate leader Mitch McConnell has said he will confirm a new justice before the election. However some Republican senators have already voiced opposition to confirming Barrett so close to the Presidential election.

This tragedy has occurred at a tense time, just 6 weeks before an already contentious presidential election, raising the stakes even higher. Days prior to her death, Ruth dictated to her granddaughter that “My most fervent wish is that I will not be replaced until a new president is installed.” This statement is believed to be helpful to the Democrats in this year’s elections, with Christine Matthews, a republican pollster, predicting “if they won’t show up for Biden, they’ll show up for Ruth”.

Regardless of the political whirlwind her death has caused, Ruth Bader Ginsburg’s legacy stands on its own merits, a woman who inspired multiple generations to fight for justice and equality, who asked to be remembered as “Someone who used whatever talent she had to do her work to the very best of her ability. And to help repair tears in her society, to make things a little better through the use of whatever ability she has.” She will not be forgotten.