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President Trump and Senate Should Wait on the Supreme Court Appointment


It is very tempting – let’s stop here for a minute or two before we get into the politics of the appointment and honor Justice Ruth Bader Ginsburg – I disagreed with her positions on the Court very much – but like Justice Scalia, Ginsburg was true to her principles. I actually did not approve of her public remarks on political questions and if I had been in Congress, I would have called for at least a censure if not impeachment for that. But Ruth Bader Ginsburg became something that happens to almost no judge, and few if any aspire to: Folk hero. She was in a children’s cartoon (I want to say Clarence) as the really dorky smart kid – Clarence’s best friend – Jeff who has a square face – clever pun! – who watched the judge shows and had dolls from famous Justices of the Supreme Court and one was Ginsburg (The other two were Justice Scalia and Chief Justice Roberts I think) and the plot line was based on the other kids playing with the Ginsburg doll and broke it. What to do? Ethical dilemma… Justice Ginsburg even had a nickname: Notorious RBG. When you are known by your initials: FDR, JFK, LBJ, even AOC – you are in a different status in American politics. Ruth Bader Ginsburg is even on tee shirts! Almost a little irreverent.

So people should rent or watch On The Basis of Sex this weekend – It is as interesting as a fictional legal thriller – and a clever ruse – they found an obscure section of the income tax code that discriminated against men and a plaintiff worthy of admiration. And Ruth Bader Ginsburg was almost too shy to argue a case in front of the Tenth Circuit. Amazing. (There is also that scene where the young newlywed Ginsburgs were about to start a sex scene because of who it was I was a bit embarrassed!) Made me think about the ERA a bit. I could see why people thought then it was needed. But not today.

Now back to politics: I thought Judge Merrick Garland should have gotten a hearing (noted here at this blog) but not appointed to the Court. But if the precedent was established, it is wrong to change it for political expediency. There will be a backlash and that might be packing the Court. Let it ride until January. The President can appoint if he chooses. Challenge the former Vice President to state some people he would consider. But no vote until January. And remember, conservatives: VOTE!

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

3 Responses to “President Trump and Senate Should Wait on the Supreme Court Appointment”

  1. eamon says:

    Didn’t RBG herself state the seat should be filled ASAP back in 2016?

  2. Robert E Shannon

    Perhaps I do not possess the legal standing Sandy Sanders has but my understanding is that the Constitution and practice over the years has been IF the President and the Senate are of the same party ( in this case they are ) then the nomination goes forward. On the other hand IF the President and Senate are not of the same party, then the nomination is withheld this close to an election.
    Why break with precedent ? Trump should nominate and the U.S Senate should hold a vote. Readers of this blog must ask themselves this one question……do you want a Justice nominated by Donald J Trump or one nominated by Joe Biden ? It is a fair question.
    Perhaps Sandy might elaborate a bit on why he is advocating legal and or constitutional reasons for his recommendation
    Bob Shannon King William

  3. I am pondering both comments and a verbal comment from a friend of mine at church and we’ll see by tomorrow (9/23) if there is a change of heart/mind here. Thank eamon and Bob Shannon for your fine comments.



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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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