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You are here: Home / Politics / America / Breaking News: Associate Justice Ruth Bader Ginsburg Has Died at Age 87

Breaking News: Associate Justice Ruth Bader Ginsburg Has Died at Age 87

by Adam L Silverman|  September 18, 20207:44 pm| 181 Comments

This post is in: America, Civil Rights, Domestic Politics, Election 2020, Open Threads, Politics, RIP, Women's Rights, Women's Rights Are Human Rights

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Breaking News: Associate Justice Ruth Bader Ginsburg Has Died at Age 87

From NPR:

Justice Ruth Bader Ginsburg, the demure firebrand who in her 80s became a legal, cultural, and feminist icon has died. The Supreme Court announced her death, saying the cause was complications from cancer.

Architect of the legal fight for women’s rights in the 1970s, Ginsburg subsequently served 27 years on the nation’s highest court, becoming its most prominent member. Her death will inevitably set in motion what promises to be a nasty and tumultuous political battle over who will succeed her, and it thrusts the Supreme Court vacancy into the spotlight of the presidential campaign.

Just days before her death, as her strength waned, Ginsburg dictated this statement to her granddaughter Clara Spera: “My most fervent wish is that i I will not be replaced until a new president is installed.”

She knew what was to come. Ginsburg’s death will have profound consequences for the court and the country. Inside the court, not only is the leader of the liberal wing gone, but with the Court about to open a new term, Chief Justice John Roberts no longer holds the controlling vote in closely contested cases.

Though he has a consistently conservative record in most cases, he has split from fellow conservatives in a few important ones, this year casting his vote with liberals, for instance, to at least temporarily protect the so-called Dreamers from deportation by the Trump administration, to uphold a major abortion precedent, and to uphold bans on large church gatherings during the coronavirus pandemic. But with Ginsburg gone, there is no clear court majority for those outcomes.

Senator McConnell will now get his career long wish: to establish a permanent conservative majority on the Supreme Court. In January 2019, I wrote this as part of a post about Senator McConnell:

And he telegraphed during the hearings for Brett Kavanaugh that he’s gearing up to leverage another potential Supreme Court vacancy* in 2019 or 2020 as a political weapon in the 2020 presidential and senatorial elections.

* I’m expecting, provided Justice Ginsburg completes her recovery as expected and remains healthy, that the administration in conjunction with Leonard Leo from The Federalist Society and Senator McConnell will try to replicate with Justice Thomas what they did in the summer of 2018 with Justice Kennedy. Specifically, they’ll create a retirement and subsequent Supreme Court vacancy during the late summer to early fall of 2020 that the President and Republican senators can campaign for reelection on. Thereby replicating the dynamic that Senator McConnell created and the President leveraged in his campaign that it was necessary to elect him, in this case reelect him, and to reelect the GOP majority in the Senate to ensure that the Democrats don’t appoint the next Supreme Court justice, change the balance of the Supreme Court, and destroy the Constitution and thereby the United States.

The above analysis was based on an assessment I did for someone as the Kavanaugh hearings was coming to an end. That assessment is attached here:

McConnell_Rule_Pattern_Analysis

Now we wait to see what Senator McConnell decides to do, as well as the effects of RBG’s passing on the 2020 elections.

May her memory be for a blessing.

Open thread!

 

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Previous Post: « Friday Evening Open Thread: The Beltway Pundits Are *Desperate* to Kneecap Biden
Next Post: RBG RIP »

Reader Interactions

181Comments

  1. 1.

    James E Powell

    September 18, 2020 at 7:45 pm

    Words fail.

  2. 2.

    DougJ

    September 18, 2020 at 7:46 pm

    Posted this 90 seconds ago

  3. 3.

    MomSense

    September 18, 2020 at 7:46 pm

    No words

  4. 4.

    TaMara (HFG)

    September 18, 2020 at 7:46 pm

    Fuck

  5. 5.

    Suzanne

    September 18, 2020 at 7:46 pm

    Oh my God.

  6. 6.

    Capri

    September 18, 2020 at 7:46 pm

    Words fail. So sad

  7. 7.

    Rob

    September 18, 2020 at 7:46 pm

    God damn it

    I am utterly devastated.

  8. 8.

    TaMara (HFG)

    September 18, 2020 at 7:47 pm

    @TaMara (HFG): Which is selfish, because she is now at peace after a long cancer battle. RIP and thank you.

  9. 9.

    Steeplejack

    September 18, 2020 at 7:47 pm

    Maybe tag that “McConnell Rule Pattern Analysis” as a PDF. Many people’s phones or tablets will download one automatically without giving a chance to see what it is first. Can screw with people’s data allotment.

  10. 10.

    Ned F.

    September 18, 2020 at 7:47 pm

    Oh no,no,no.  So Sudden, so sad.   Surely she can’t be replaced now, right Mitch?

  11. 11.

    CliosFanBoy

    September 18, 2020 at 7:48 pm

    damnit

  12. 12.

    Eljai

    September 18, 2020 at 7:48 pm

    Ruth Bader Ginsburg leaves a rich legacy.  May she rest in peace.

    I swear I will take to the motherfucking streets if I have to.

  13. 13.

    guachi

    September 18, 2020 at 7:48 pm

    Fuck.

  14. 14.

    PsiFighter37

    September 18, 2020 at 7:48 pm

    We are fucked. If there weren’t enough GOP senators willing to do the right thing  over the past 3+ years, it won’t happen now. Glad to see I will never see a liberal majority in my lifetime.

  15. 15.

    eddie blake

    September 18, 2020 at 7:49 pm

    we. are. so. fucked.

  16. 16.

    Baud

    September 18, 2020 at 7:49 pm

    RIP

  17. 17.

    guachi

    September 18, 2020 at 7:49 pm

    We are so screwed.

    Don’t know why she decided to stay on the court as long as she did. For all the good she did we are screwed for decades now.

  18. 18.

    Quinerly

    September 18, 2020 at 7:50 pm

    THIS IS WAR.

  19. 19.

    MomSense

    September 18, 2020 at 7:50 pm

    @TaMara (HFG):

    I hope someday I will feel up to honoring her life and grieving but right now I feel too angry and raw.

  20. 20.

    arrieve

    September 18, 2020 at 7:51 pm

    NO. NO. NO.

    May she rest in peace.

    The rest of us, not so much.

  21. 21.

    mac8

    September 18, 2020 at 7:51 pm

    Fuck.

  22. 22.

    MomSense

    September 18, 2020 at 7:51 pm

    @Eljai:

    We are going to have to shut down the Senate.  Surround Mc tortoise – whatever it takes

  23. 23.

    SFBayAreaGal

    September 18, 2020 at 7:51 pm

    @TaMara (HFG): Double fuck

  24. 24.

    JR

    September 18, 2020 at 7:51 pm

    She should have retired when Obama was president.

  25. 25.

    What Have The Romans Ever Done for Us?

    September 18, 2020 at 7:52 pm

    Damn. This fucking traitorous crook gets to appoint 3 Justices to the Supreme Court? That’s really going to happen? Words fail. The Universe hate America.

  26. 26.

    Bruuuuce

    September 18, 2020 at 7:52 pm

    Fsck. Fsck. Fsckity fsck fsck fsck.

    The 2020 bingo card just got real.

  27. 27.

    prostratedragon

    September 18, 2020 at 7:52 pm

    Such a gallant lady and patriot. May her fervent wish somehow be granted.

    (I’d start tonight by trumpeting replays of certain people’s statements on the last such occasion 5 years ago or so from every housetop in the country.)

  28. 28.

    Scott Alloway

    September 18, 2020 at 7:52 pm

    @MomSense: I so agree. Words fail me.

  29. 29.

    narya

    September 18, 2020 at 7:53 pm

    I was afraid this would happen. RIP, Queen.
    Now: somebody go find out who paid off Beerboy’s debts.

  30. 30.

    SFBayAreaGal

    September 18, 2020 at 7:53 pm

    My apologies. Rest in peace

  31. 31.

    Eljai

    September 18, 2020 at 7:53 pm

    @MomSense: Yes!  Shut. it. down.  I’ll slap on a mask and drag my old ass to the front of the line for this.

  32. 32.

    evap

    September 18, 2020 at 7:53 pm

    If we win the trifecta, can more seats be added to the Supreme Court?

  33. 33.

    eclare

    September 18, 2020 at 7:54 pm

    @MomSense: Agree.  I know it’s selfish, but fuck.

  34. 34.

    lamh36

    September 18, 2020 at 7:54 pm

    REST IN POWER RBG!

    FUCKKKKKK!!!

    I’m telling ya’ll now folks if Donald Trump wins re-election and is allowed to place ANOTHER conservative justice on SCOTUS Black and Brown folks and non-white folks can kiss some of our right good bye!

    Now more than ever we’ve got to vote this FUQ’ER OUT!

    Damnit.

  35. 35.

    The Thin Black Duke

    September 18, 2020 at 7:54 pm

    @JR: This country shouldn’t have fucking elected Trump.

  36. 36.

    catatonia

    September 18, 2020 at 7:54 pm

    FSM knows what kind of vile, racist monster trump will nominate

  37. 37.

    Baud

    September 18, 2020 at 7:54 pm

    @evap: 
    Yes.

  38. 38.

    Yutsano

    September 18, 2020 at 7:54 pm

    My heart just sank…she was an amazing woman. Her legacy will live on for generations.

    Yertle is salivating right about now.

  39. 39.

    Skepticat

    September 18, 2020 at 7:55 pm

    I feared this so, and it breaks my heart—not only to lose such an amazing women but also to be faced with the hideous result on the court. I don’t believe sanity can prevail in current Senate circumstances. Bless RBG for all she did and for all she showed us.

  40. 40.

    Catherine D.

    September 18, 2020 at 7:55 pm

    Best hope is that Mango Mussolini actually nominates Ted Cruz and we can watch the Senate implode.

    But I thought you couldn’t confirm a Supreme Court nominee this late /sad snark

  41. 41.

    PenAndKey

    September 18, 2020 at 7:55 pm

    Well, fuck. If we don’t expand the court in ajnuary we are screwed for at least two generations. I’ll be honest, I’m seriously tempted to check out, vote, and then ignore everything except my family and hobbies until this nightmare is over.

  42. 42.

    JPL

    September 18, 2020 at 7:55 pm

    Mitch won’t do anything until after the election, because he will have time then.   trump will use it to get the evangelicals to the polls

    I’m just empty because she deserves to rip but

  43. 43.

    TS (the original)

    September 18, 2020 at 7:55 pm

    All I can see is McConnell smirking as he says “my rules don’t apply to republicans” and Senator Collins will be concerned while she votes for a RWNJ

  44. 44.

    Nina

    September 18, 2020 at 7:56 pm

    Fuck

  45. 45.

    Viva BrisVegas

    September 18, 2020 at 7:56 pm

    RIP RBG. One of the greats.

    Barr and McConnell would have known this was about to happen. They already have a plan in place.

    It certainly makes Trump’s list of SC candidates look less like a wish list and more like a shopping list.

  46. 46.

    Adam L Silverman

    September 18, 2020 at 7:56 pm

    @DougJ: Good for you. What do you want, a cookie? Maybe, just fucking maybe, you could actually do what I do and see if anyone is drafting a post on breaking news coverage before you start one. That’s what I did, you, nor anyone else wasn’t. So I started drafting. Or you could continue to do whatever the fuck you do.

  47. 47.

    CatFacts

    September 18, 2020 at 7:56 pm

    She was amazing. And my first thought on hearing this was, “They’ll try to ram through a new justice before the election and use the supreme court to throw the election.” Damn.

  48. 48.

    Mathguy

    September 18, 2020 at 7:57 pm

    Awful that she died. RIP. Awful that she was selfish enough not to retire when Obama could have replaced her with someone else that was sane as well.

  49. 49.

    TS (the original)

    September 18, 2020 at 7:57 pm

    @JR:  @Mathguy:

    Would have had to be during the first two years – after that  McConnell r.f..ing would have stepped in.

  50. 50.

    Jeffro

    September 18, 2020 at 7:58 pm

    @evap: yes and we will, we must.

    One for Gorsuch (should have been Garland), one for Kavanaugh (never should have been confirmed), and one for whomever is installed in RBG’s seat before Biden takes over in January.

    Add 3 seats, minimum.  4, if you want to send a message, Biden & Co.  This has to stop.  These double-standards – the GOP’s utter lack of standards except ‘whatever keeps them in power’ – cannot be rewarded in any way.  In fact, we have to make them pay dearly.

  51. 51.

    Zelma

    September 18, 2020 at 7:58 pm

    If they try to replace her, and we win the Senate, we have no choice but to expand the Court.

  52. 52.

    Mary G

    September 18, 2020 at 7:58 pm

    @lamh36: Yes, I would love to fly to DC or Kentucky and protest, but instead I just signed up to phonebank for Wisconsin Dems. Taking the Senate is our only hope.

  53. 53.

    Mai Naem mobile

    September 18, 2020 at 7:58 pm

    @What Have The Romans Ever Done for Us?: this is what my sister has been saying since Trimpov won. Seriously…she’s been saying we are paying for going into Iraq and jengaing the middle east and causing millions of deaths .

  54. 54.

    Percysowner

    September 18, 2020 at 7:58 pm

    @PsiFighter37: Collins might try to save her seat in Maine by voting to hold until after the election and Romney has shown a tendency to do the decent thing. Murkowski also might feel that she has to show her independence from Trump. That would put the vote at 50/50. Sadly Pence would vote with the Rethugs. Is there anyon e else who might feel enough pressure to “do the right thing” in order to win this year?

    Realistically we have to win the Senate, The House and the Presidency and then add Justices to the Supreme Court AND get Breyer to resign.

  55. 55.

    PaulWartenberg

    September 18, 2020 at 7:59 pm

    @MomSense: you know very well that Mitch will reverse his stance from 2016 when Scalia died, and eagerly replace Ginsburg with the most far right wingnut 30 year old within the next week.

    The deepest pit of hell is not enough for Mitch McConnell.

    And to every Far Left voter who couldn’t be bothered to vote for Hillary in 2016 in every state she lost by under 10,000 votes: FFFFFFFFFFFFFFFFFFFF FUUUUUUUUUUUUUU CCCCCCCCCCCCCCCCCCCCCCCCC KKKKKKKKKKKKKKKKKKKK YYYYYYYYYYYYYYYYY OOOOOOOOOOOOOOOOOOOOO UUUUUUUUUUUUU UUUUUUUUUUUUUU. The coming 6-3 conservative nightmare of the next decade is all on you. >:(

  56. 56.

    guachi

    September 18, 2020 at 7:59 pm

    RBG’s legacy is a decades long conservative majority. That’s it.

    Thanks a lot, RBG.

  57. 57.

    Betty Cracker

    September 18, 2020 at 7:59 pm

    @guachi: I really hoped no one would go there. Congrats, I guess.

  58. 58.

    tam1MI

    September 18, 2020 at 7:59 pm

    I’d like to thank the Bernie supporters that just couldn’t bring themselves to vote for Hillary for bringing this disaster upon us.  [/s]

  59. 59.

    Another Scott

    September 18, 2020 at 7:59 pm

    D.N.F.T.T.

    Grr…

    Thank you.

    Cheers,
    Scott.

  60. 60.

    Mary G

    September 18, 2020 at 7:59 pm

    @Jeffro: Gotta be four. Even numbers would produce ties and therefore gridlock down the line. Maybe six to avoid the unlucky number.

  61. 61.

    James E Powell

    September 18, 2020 at 7:59 pm

    The entire Village will now bend over backwards to explain how the Republicans’ refusal to even consider Merrick Garland has no relevance to the current situation.

    ETA – And once again, I want the NYT destroyed and James Comey cleaning toilets in a refugee camp.

  62. 62.

    Searcher

    September 18, 2020 at 8:00 pm

    Fuuuuuuuuuuuck.

  63. 63.

    eddie blake

    September 18, 2020 at 8:00 pm

    yeah, she shoulda retired.

     

    they coulda replaced her with merrick garland.

    FFS.

  64. 64.

    PsiFighter37

    September 18, 2020 at 8:00 pm

    @Percysowner: Collins will vote for whoever is nominated – she isn’t winning now, no matter what – but the GOP can know that their legacy is cementing domination of SCOTUS for a generation. Unless Clarence Thomas decides to stroke out and Roberts realizes that everyone else to his right is a nut job, we are screwed.

  65. 65.

    PsiFighter37

    September 18, 2020 at 8:01 pm

    @guachi: Fuck you

  66. 66.

    lamh36

    September 18, 2020 at 8:01 pm

    LesaPamplin
    ·
    4m
    Twitter knew RBG was very ill that’s why he started floating replacements. Uncle Clarence was giving him the scoop.

    I’ve been so busy, but that orange has been all of a suddent talking bout SCOTUS picks…did the fuq’er have a heads up?

  67. 67.

    Mai Naem mobile

    September 18, 2020 at 8:01 pm

    @Mathguy: seriously ? Wtf? Because we all knew how the GOP was going to act back then. Fuck you.

  68. 68.

    JPL

    September 18, 2020 at 8:01 pm

    @Percysowner: Gardner can’t take the chance to vote.

  69. 69.

    Jeffro

    September 18, 2020 at 8:01 pm

    Murkowski already out saying she won’t vote to replace RBG until after inauguration day.  heart heart heart

  70. 70.

    Adam L Silverman

    September 18, 2020 at 8:01 pm

    @evap: Technically yes. But in reality, highly unlikely.

  71. 71.

    Jeffro

    September 18, 2020 at 8:02 pm

    @Mary G: I’m good with 4, 5, or more.  And yes, good point ;)

  72. 72.

    Omnes Omnibus

    September 18, 2020 at 8:02 pm

    @Mary G: No Wisconsin senate seat at stake this year.

  73. 73.

    guachi

    September 18, 2020 at 8:02 pm

    @Betty Cracker: She could have retired. She chose not to. She had free will. It’s not like her illness was sudden.

    But a 6-3 conservative majority will be her legacy.

  74. 74.

    Mai Naem mobile

    September 18, 2020 at 8:03 pm

    I know she had cancer and things didn’t look good but i.have to wonder if COVID is actually what killed her.

  75. 75.

    Ohio Mom

    September 18, 2020 at 8:03 pm

    Well this certainly harshes my mellow Rosh Hashanah mood. I finished my dinner wine, now I need a stiffer drink (and there are none in this house).

    Sometimes as a special needs mom, I wonder if I’ll be able to die in peace, knowing that my kid will be on his own without his fiercest advocate. But now I think of RBG, she knew on her deathbed that her timing was fucking everything. I feel for her.

  76. 76.

    Baud

    September 18, 2020 at 8:03 pm

    @Adam L Silverman:

    Even Neal Katyal just said on TV that they should pack the court if the GOP confirms someone. It’ll depend on the composition of the Senate.

  77. 77.

    🐾BillinGlendaleCA

    September 18, 2020 at 8:03 pm

    @evap: Yes, the number of justices on the Court is set by statute.

  78. 78.

    MagdaInBlack

    September 18, 2020 at 8:04 pm

    @guachi:

    Maybe wait til the body is cold?

    A fine woman has died, her family is grieving.

  79. 79.

    Jeffro

    September 18, 2020 at 8:04 pm

    @guachi: I’m sorry, that’s just not right.  Especially not now.

  80. 80.

    Baud

    September 18, 2020 at 8:04 pm

    @guachi: Go away.

  81. 81.

    Beatrice

    September 18, 2020 at 8:05 pm

    @The Thin Black Duke: Thank you. Fuck that shit.

    @guachi: Fuck you.

  82. 82.

    🐾BillinGlendaleCA

    September 18, 2020 at 8:05 pm

    @lamh36: Trump doesn’t need to get re-elected, they’ll fill the vacancy either before the election or (most likely) during the lame duck if Biden  wins.

  83. 83.

    MomSense

    September 18, 2020 at 8:06 pm

    @Jeffro: She said that this afternoon before RBG’s death was announced.  Hopefully that position will hold.

  84. 84.

    Brachiator

    September 18, 2020 at 8:06 pm

    I had been taking a nap. I woke up and this post is the first thing I see.

    I am stunned.

    May she rest in peace.

    So many thoughts. For now, I hope some day we are blessed to have someone inspired by her life and example take a seat on the Supreme Court.

  85. 85.

    The Fat Kate Middleton

    September 18, 2020 at 8:06 pm

    RIP, RBG. I am in tears. Also learned this morning that my baby sister is in stage 4 of breast cancer- her doctor says 1-2 years. FUCKfuckfuck cancer.

  86. 86.

    gwangung

    September 18, 2020 at 8:07 pm

    @guachi: Fuck off. Your timing makes no sense at all.

     

    Repeat: fuck off, asshole.

  87. 87.

    Omnes Omnibus

    September 18, 2020 at 8:07 pm

    1.  RIP RBG and thank you for lifetime of service and accomplishments.
    2. Fuck you to all the alternative history people.
    3. Don’t fucking panic.
    4. Start calling our senators not later than Monday morning.
    5. I may need to stay clear of this site for a while because of 2 and 3.
  88. 88.

    tokyocali (formerly tokyo ex-pat)

    September 18, 2020 at 8:07 pm

    May she preside over an even higher court and may her legacy outlast and outshine the mediocre piles of waste (you know who they are) that she had to work with.

    I worry about the future. It’s either take to the streets or expand the court. Doing nothing and letting the turtle and the orange mango install another conservative justice without pushback of some kind can’t be the plan.

  89. 89.

    smedley the uncertain

    September 18, 2020 at 8:07 pm

    @catatonia: Ironically, he just published his wish list this past week.    My cynicism knows no end…

  90. 90.

    Gvg

    September 18, 2020 at 8:07 pm

    Well I have been mad at her for a long time. I guess it’s time to move beyond that.

    we have to take the Senate.

    we have to expand the court.

    Tell every “pro-lifer” that complains, I will never accept living under repressive restrictions of my basic rights, so no matter what stupid laws conservatives get passed, we will get them undone”

    Make them understand that the only reason we have seemed polite is that after Roe, the laws were basically sane.

  91. 91.

    smedley the uncertain

    September 18, 2020 at 8:08 pm

    @Skepticat: Amen

  92. 92.

    Mai Naem mobile

    September 18, 2020 at 8:08 pm

    @Jeffro: don’t think it makes a difference but Mark Kelly can be seated right after he wins . He doesn’t have to edit till January because it’s a special election. The thing is I don’t think AZ votes will be counted for 2 weeks after the election.

  93. 93.

    Betty Cracker

    September 18, 2020 at 8:08 pm

    Fuck all of y’all who are using this awful moment to criticize a valiant woman and a feminist icon upon the news of her death. This is so fucking not the time for that.

  94. 94.

    Medicine Man

    September 18, 2020 at 8:09 pm

    All I can do is drown my fears with cheap whiskey. Condolences to all of you down south.

  95. 95.

    Viva BrisVegas

    September 18, 2020 at 8:09 pm

    @MagdaInBlack: I think RGB would instead be telling everyone to man the barricades.

  96. 96.

    MagdaInBlack

    September 18, 2020 at 8:09 pm

    @Omnes Omnibus:

    Me too @ #5

  97. 97.

    Baud

    September 18, 2020 at 8:09 pm

    @Omnes Omnibus: Yep.

  98. 98.

    Sab

    September 18, 2020 at 8:10 pm

    @guachi: You are an idiot on this topic. McConnell would never have let Obama appoint anyone more. Merrick Garland is very centrist. No one (assuming anyone) appointed by Obama could have gotten through McConnell.

    Better her than anyone else late on her term. (Always she was good.) Why bow out gracefully for another drunken frat boy rapist for decades

    ETA: Not saying you are always an idiot. Just on this topic.

  99. 99.

    Nora

    September 18, 2020 at 8:10 pm

    I just wrote to both my senators, not that it will make a difference because I know Gillibrand and Shumer will do the right thing, but I felt I had to do something.

    My heart is breaking. That poor brave woman, who held out as long as humanly possible, who stood up for us all down the line, who never let us down. May she rest in power.

    May we protect her legacy.

  100. 100.

    Aleta

    September 18, 2020 at 8:11 pm

    It’s a shame to see Kavanaugh and McConnell taking up space in any commemoration of RBG.

  101. 101.

    Emma from FL

    September 18, 2020 at 8:11 pm

    @guachi: Yes, because McConnell was going to sing kumbayah with Obama and approve a liberal judge. Imbecile.

  102. 102.

    Baud

    September 18, 2020 at 8:11 pm

    Justice Ginsburg paved the way for so many women, including me. There will never be another like her. Thank you RBG.— Hillary Clinton (@HillaryClinton) September 19, 2020

  103. 103.

    patroclus

    September 18, 2020 at 8:12 pm

    RIP RBG.  A great litigator and Justice.

    The key will be the lame duck Session.  Trump will almost certainly put someone forward but there won’t be time enough for hearings and a vote before Election Day.  So that means Collins, Gardner et al. will have likely have lost their elections and will in fact be lame ducks.  Murkowski already gives us 1 vote; so we need 3 more.  Romney?  Sasse?  Alexander??  Surely, there is a possibility that this can be stopped.  It makes the election that much more important.

  104. 104.

    Emma from FL

    September 18, 2020 at 8:12 pm

    @The Fat Kate Middleton: Oh God. I am so sorry. So, so sorry.

  105. 105.

    hengiquai

    September 18, 2020 at 8:12 pm

    All those people with variations of ‘she should have retired’ can go blow roadkill.

  106. 106.

    lamh36

    September 18, 2020 at 8:13 pm

    @Jeffro: the reporter distinguished this was in August and was hypothetical so no new confirmation by Murkowsi

  107. 107.

    MomSense

    September 18, 2020 at 8:13 pm

    The Supreme Court really motivates Republicans so this is going to make the election tougher.  McConnell will probably wait until December to keep the SCOTUS seat front and center.

  108. 108.

    Bluegirlfromwyo

    September 18, 2020 at 8:13 pm

    @lamh36: Not to diminish the impact on anyone with skin darker than paste, but it’s going to be open season on anyone who ever voted Democratic if there’s a conservative majority and Trump wins. I’m buying a shotgun and reviving my gun training (abiding by all laws of course). I don’t like firearms but I figure I’m going to have to get over that.

  109. 109.

    lamh36

    September 18, 2020 at 8:13 pm

    I saw someone say Trump can bypass the nominating process and directly put someone on the court!

     

    Is that true?

  110. 110.

    patroclus

    September 18, 2020 at 8:14 pm

    @Mai Naem mobile: Great point!  Isn’t one of the Georgia elections a special too?

  111. 111.

    prostratedragon

    September 18, 2020 at 8:14 pm

    @TS (the original):  During which time he already had got Justices Sotomayor (2009) and Kagan (2010) onto the court. Justice Ginsburg had her first pancreatic cancer treatments in February 2009. Could he have got a third through in the short time before the GOP Senators dug in? Not obvious to me. I wonder what discussions might have taken place between the Justice and the Obama administration –delicate no doubt for ethical reasons, but there still might have been room for a meeting of minds.

  112. 112.

    Sure Lurkalot

    September 18, 2020 at 8:14 pm

    Rest In Peace, RBG.  Thank you for all you did for us.

    I so wish I could leave this country for whatever remaining time I have on this rock, but I have aged out of that option. I’m not sure what will be left worth fighting for, so much has been destroyed already.

  113. 113.

    Renie

    September 18, 2020 at 8:14 pm

    @PenAndKey: I feel the same way.  I plan to retire in the next 3 years and can’t stand what has happened to this country.  Yet I fear for what the future will be like for my grown children – who at this point have no interest in having children.    Climate change scares the hell out of them.

  114. 114.

    Sab

    September 18, 2020 at 8:16 pm

    @Nora: I don’t think it’s sad. She did what she wanted. She was on the Supreme Court for years. When she started law practice a woman being even a lawyer was unlikely, much less any judge, much less a federal judge. She did a really good job at her job.

  115. 115.

    PsiFighter37

    September 18, 2020 at 8:16 pm

    @lamh36: Possible a recess appointment, but that would only be temporary. I think both parties send people in these days so that there is no such thing as being in recess anymore to avoid it happening.

  116. 116.

    gwangung

    September 18, 2020 at 8:16 pm

    @patroclus: No, I don’t think there’s a possibility a justice will be nominated AND confirmed in the lame duck session.

    The only hope, the only way NOT to reward McConnell’s outright cheating is to expand the court.

  117. 117.

    prostratedragon

    September 18, 2020 at 8:16 pm

    @Jeffro:  Want an even number to avoid ties, so, four!

  118. 118.

    Omnes Omnibus

    September 18, 2020 at 8:17 pm

    @lamh36: Why would this situation be any different than every other Supreme Court vacancy ever?

  119. 119.

    MazeDancer

    September 18, 2020 at 8:19 pm

    A giant has left us.

    Heart-breaking. Impossible.

    What she told her granddaughter: “My most fervent wish is that I will not be replaced until a new president is installed.”

  120. 120.

    The Fat Kate Middleton

    September 18, 2020 at 8:19 pm

    @Emma from FL: Thank you so much. Can’t stop crying.

  121. 121.

    Percysowner

    September 18, 2020 at 8:19 pm

    @Medicine Man: I just got my monthly wine club delivered this week, I’m opening at least one bottle.

  122. 122.

    Poe Larity

    September 18, 2020 at 8:20 pm

    The reality now is that the only thing stopping Putin from poisoning Biden is that Xi would see that as open season. Not sure Merkel or Macron would have it in them.

  123. 123.

    James E Powell

    September 18, 2020 at 8:20 pm

    This is going to move Republicans to stick with Trump. It will be “I was thinking of voting for Biden, but with a supreme court justice on the line. We can’t let godless socialist baby killers get another justice.”

  124. 124.

    Nora

    September 18, 2020 at 8:20 pm

    @Sab:

    You’re right.  She was a glorious warrior for justice and I have nothing but admiration for her.  I was just thinking of her fighting all these years against cancer so she could continue to do what she was meant to do.

  125. 125.

    Starfish

    September 18, 2020 at 8:21 pm

    @DougJ: To gain credibility with some faction of the voting public I need to proudly declare that I have seen Bigfoot.

  126. 126.

    Anotherlurker

    September 18, 2020 at 8:21 pm

    May she rest in power.  We need to fight the coming rat fuckery.

    Also, may Moscow Mitch experience a sever coronary event.

  127. 127.

    cope

    September 18, 2020 at 8:21 pm

    I read a headline about this at Kos and blurted out exactly what I blurted out the morning I got up and saw that trump had been elected.  They were not nice words.  Beyond that string of invective, lost to this dark room I’m in (figuratively and literally), I got nothing.  I had so hoped that the last decade of my life would be easier to weather but it seems not to be.  I’m not sure how much more sucking it up and moving forward and hoping for the best and believing in the better angels of our nature I’ve got left in me.  It’s just so hard

    Edited to add an apology for making this post about me when it should not be.

  128. 128.

    Enhanced Voting Techniques

    September 18, 2020 at 8:21 pm

    Thereby replicating the dynamic that Senator McConnell created and the President leveraged in his campaign that it was necessary to elect him, in this case reelect him, and to reelect the GOP majority in the Senate to ensure that the Democrats don’t appoint the next Supreme Court justice,

    So Adam, how do you factor the depressed reaction the Evanglicals had over Kavanaugh in that gay right ruling earlier this year and how the Kavanaugh hearing effected the midterms?

  129. 129.

    Percysowner

    September 18, 2020 at 8:23 pm

    @MomSense: This time it might play against them. All those people who hated Hillary and didn’t think about the Supreme Court will also have it Front and Center. It could backfire.

  130. 130.

    MisterForkbeard

    September 18, 2020 at 8:23 pm

    Just popping in to say that RGB was a truly epic American, and will be missed. And now I’m off to avoid the doom porn for awhile.

    Let’s say I’ve got some hope about how this turns out and I’m not going to spend my time worrying about something I can’t change when Trump already had done so much evil. It’s one more evil thing – we’ll deal.

  131. 131.

    Elizabelle

    September 18, 2020 at 8:23 pm

    Grocery shopping, and come home to this.

    Rest in power, Ruth Bader Ginsburg.  Your life made a tremendous difference.

    And I am with MomSense and others:  RESIST any appointment by the current administration.  For anyone.  RBG or Thomas.

  132. 132.

    banditqueen

    September 18, 2020 at 8:24 pm

    Rest in power Justice Ginsburg.

    I’m contacting Chuck Schumer–he must use every trick in the book to ensure RBG’s fervent wish is fulfilled.

  133. 133.

    Elizabelle

    September 18, 2020 at 8:24 pm

    @James E Powell:  Fuck your doom porn.

  134. 134.

    Captain Sunshine

    September 18, 2020 at 8:25 pm

    For all the good work from Justice Ginsberg, I can only say Thanks. She was inspirational and steadfast, and I appreciate her words and judgments. I’m sad to see her pass.

    It’s a damn shame that we can’t take more than a breath between a eulogy and speculation, but that’s what four decades of modern Republicanism has brought us to. We know they’re going to be as opportunistic as possible, and we have to try and see where they’ll go with this, just to feel like we have a handle on the possibilities.

    For myself, I can see McConnell either pushing through another Justice (he’ll have to call the Senate back and get the candidates off the campaign trail, which is a bad idea for several of them, but it’s a win in hand if he does), or bargaining with President-Elect Biden and a Democratic Senate to keep the filibuster in exchange for an open nomination. Stopping every Democratic initiative, when the party is finally getting more liberal, for the next two years and hoping for another 2010 election in 2022 might be enough to keep another Trump-favored RWNJ out of the seat for the immediate future. That’s assuming Biden wins. Vote, vote vote.

  135. 135.

    DougJ

    September 18, 2020 at 8:26 pm

    @Adam L Silverman:

     

    The things the others say about you are true I guess

  136. 136.

    Elizabelle

    September 18, 2020 at 8:26 pm

    @TS (the original):   I don’t agree.  Although:  it’s an unknowable.

  137. 137.

    Steeplejack (phone)

    September 18, 2020 at 8:26 pm

    The next two months will be everyone going “ahem” and reposting old mitch mcconnell quotes to show how hypocritical he is while he confirms to the supreme court a 25 year old law student from 4chan.

    — wholesome on main (@InternetHippo) September 18, 2020

  138. 138.

    karen marie

    September 18, 2020 at 8:26 pm

    @James E Powell:  I got words.  We are so fucked.

  139. 139.

    patrick II

    September 18, 2020 at 8:26 pm

    @PenAndKey:

    “until this nightmare is over”

    How old are you?

  140. 140.

    DougJ

    September 18, 2020 at 8:26 pm

    @Starfish:

     

    ha ha

  141. 141.

    Nora

    September 18, 2020 at 8:27 pm

    @banditqueen:  Do contact him.  I wrote him and Gillibrand (my senators) to beg them to do everything humanly possible to keep McConnell from replacing Ginsburg before the new president is inaugurated.

  142. 142.

    cope

    September 18, 2020 at 8:28 pm

    @MisterForkbeard: Thanks for this.  Your perspective has already nudged me from the bottom of the doom porn pit, upward, ever upward…

  143. 143.

    lamh36

    September 18, 2020 at 8:28 pm

    1 down!

    Brian Tyler Cohen

    @briantylercohen

    NEW: Lisa Murkowski (R-AK) announces she will NOT vote to replace RBG on SCOTUS until after Election Day. “Fair is fair,” she says.
    https://twitter.com/briantylercohen/status/1307106318839435270

  144. 144.

    debit

    September 18, 2020 at 8:29 pm

    @guachi: Fuck you.

  145. 145.

    lowtechcyclist

    September 18, 2020 at 8:30 pm

    This is both sad and horrible.

    It’s also gut-check time for the Democrats.  Mitch will not hesitate to confirm a Trump nominee to RBG’s seat.  He has spent the past decade or more doing whatever he wants, knowing that the Democratic response would be minimal.  And he’s almost always been right.

    He can’t be right this time.  The Democrats cannot yet again be the Doormatcrats.  They must tell Mitch that this time, if he confirms a nominee for that seat in this Congress and the Dems retake the Senate, the Democrats will expand the Supreme Court in January and deprive him of his SCOTUS majority altogether.

  146. 146.

    lamh36

    September 18, 2020 at 8:30 pm

    @atlantarj

    Unless they can get it done before the election, with Kelley winning in AZ (that is a special election for McCain’s seat), it would be 52-48 for the lame duck.

    2 down…2 more to go?  Romney and Collins?

  147. 147.

    debit

    September 18, 2020 at 8:30 pm

    @JR: And fuck you too. Merrick fucking Garland would like a word.

  148. 148.

    Poe Larity

    September 18, 2020 at 8:31 pm

    @DougJ: It took you 5 years to figure that out?

  149. 149.

    CatFacts

    September 18, 2020 at 8:35 pm

    I think my earlier comment was too defeatist. Rest well, RBG. And may your example inspire us to fight for a better future.

  150. 150.

    Bruuuuce

    September 18, 2020 at 8:37 pm

    @patroclus:

    @lamh36:

    Grassley has also said he won’t vote until after the election.  Let’s see if he and Murkowski mean what they say

  151. 151.

    MazeDancer

    September 18, 2020 at 8:38 pm

    Lindsey Graham “going on record” that if a SCOTUS opening happens in Trump’s last year “after the primaries” start, the seat should be filled “by the next president”

    https://twitter.com/MollyJongFast/status/1307113085006737408?s=20

  152. 152.

    Ohio Mom

    September 18, 2020 at 8:41 pm

    Fat Kate Middleton @85:

    Please see to it that your sister gets a second opinion! Breast cancer medicine advances at a fairly quick pace and another doctor may be more up to date. Look for a a National Cancer Institute (NCI) designated comprehensive cancer center.

    My other advice, check the discussion boards at https://community.breastcancer.org ,that is the best source of information and camaraderie I know of on the web. There is a very active Stage IV group, full of great women. You and your sister will learn a lot there, and also get solid support.

    Good luck and keep us posted.

    Ohio Mom
    Dx Jan 2013, Stage 1A

  153. 153.

    George

    September 18, 2020 at 8:44 pm

    I’m a long time lurker and a very infrequent commenter, but I am delurking just to say how disgusted I am by people with their defeatist, “I wish I could leave America” attitude.

    Go!  Go away now!  Never come back!  Let the people who actually care about democracy and America stay behind and do whatever we can to fight the fascist jackholes!  Live out your days in a comfortable place, safe in the knowledge that you turned your back on not only your countrymen and women, but the concept that democracy is worth fighting for.

    Honestly, the American left has far too many pansies.  Does the left in Germany, France, Russia, England, etc. etc. etc. daydream about abandoning their countries?

    Jesus, some people really need to grow a backbone.  If I didn’t know better, I’d think that the spineless contingent is nothing more than trolls sent here to demoralize the rest of us.

  154. 154.

    Karen

    September 18, 2020 at 8:45 pm

     

    @Ohio Mom:

    L’Shana Tova.

  155. 155.

    Adam L Silverman

    September 18, 2020 at 8:47 pm

    @Baud: Neal Katyal doesn’t have the common sense that someone’s, anyone’s Deity or Deities gave to the average hamster. There won’t be any court packing because even if the Democrats take the Senate, they’re going to, at best, have a very slim majority. And you’re not going to get Feinstein, Manchin, and Sinema to go along with that plan.

  156. 156.

    Chris Johnson

    September 18, 2020 at 8:47 pm

    The Lincoln Project exists.

    Trump’s people aren’t really Republicans. They’re Russian traitors, and it matters. We know what they’re going to do.

    We don’t know what all of the Republican Senators, heavily embattled and looking at nasty re-election campaigns, will do.

    I’m pretty sure if they side with Trump they run the risk of physical death and Trump will not protect them: he would embrace them being targeted as it would further the story he’s telling and enable him doing an authoritarian takeover, and goodbye America.

    Vs. Biden, who is offering a return to the old days when they weren’t hated so wildly.

    We don’t know how this will play out, we only know what Putin’s extensive troll network will try to TELL us is gonna play out. Buckle in. Boy is this ever a period of transition.

  157. 157.

    oldgold

    September 18, 2020 at 8:48 pm

     

     

    @okayhenderson

    @joniernst campaign at 7:08pm sends fundraising email with subject line, “BREAKING: the futureof the Supreme Court is on the line”

  158. 158.

    Adam L Silverman

    September 18, 2020 at 8:49 pm

    @🐾BillinGlendaleCA: They’ll fill the seat before the end of September so there is a full court at the start of the next term in October. Expect the nominee to be announced no later than Wednesday and McConnell to have the final vote no later than ten days later.

  159. 159.

    Karen

    September 18, 2020 at 8:52 pm

    She held out as long as she could. With cancer. She was selfless. I have no problem with RGB. I respect her. I don’t get why people do have a problem.

  160. 160.

    Adam L Silverman

    September 18, 2020 at 8:54 pm

    @lamh36: No.

  161. 161.

    Adam L Silverman

    September 18, 2020 at 8:55 pm

    @patroclus: Yes.

  162. 162.

    Sister Golden Bear

    September 18, 2020 at 8:55 pm

    As an out and proud trans woman, I’m TERRIFIED what could happen if Moscow Mitch jams through another fascist reactionary judge. I fully expect the legal rights  I just gained to be swept away—along with the rights anyone else who’s not a cis-het fundamental white man.

    Tonight I mourn and drink heavily. Tomorrow I fight. MFers don’t know what it’s like to be up against someone with nothing left to lose.

  163. 163.

    tom

    September 18, 2020 at 8:57 pm

    I keep reading how a Supreme Court vacancy will motivate the evangelicals. Well, it will motivate us too. This only makes me want to work even harder to elect a Democratic president and Senate.

  164. 164.

    Raven Onthill

    September 18, 2020 at 8:58 pm

    “According to Jewish tradition, a person who dies on Rosh Hashanah, which began tonight, is a tzaddik, a person of great righteousness. Baruch Dayan HaEmet.” – https://twitter.com/ruth_franklin/status/1307109092511678470?s=20

  165. 165.

    Starfish

    September 18, 2020 at 8:59 pm

    @Sister Golden Bear: I am seeing other trans-friends worried about if they would be banned from getting gender affirming surgeries by the courts at some point.

  166. 166.

    James E Powell

    September 18, 2020 at 8:59 pm

    @Elizabelle:

    Doom porn? I would expect the Trump and the Republicans to make that argument explicit. The evangelicals for sure. They did in 2016, why not now?

    ETA – See oldgold’s comment above at #157. Joni Ernst is already on it.

  167. 167.

    Leto

    September 18, 2020 at 9:00 pm

    Haha, McConnell’s statement on RBGs passing basically says: Trumpov gets to pick the next SC no matter what.

    I’m out for the night. Time to start drinking.

  168. 168.

    Geminid

    September 18, 2020 at 9:02 pm

    trump will definitely want to push a nominee through. he’s desperate,  and he’ll see this a gamechanger in the presidential race, even if it’s not. And McConnell, Cruz, Cotton and the like will be on board. The question is, how many feel like Murkowski? She can speak freely because she’ll keep that Alaska seat as long as she wants. Alaskans value a Senator who delivers the goods, and she does. But I imagine others would also be glad not to have a nomination battle. They already have a conservative court. Maybe not conservative enough to overturn Roe- but I think a lot republican politicians don’t really want that, and are just shining on the pro-lifers. And court expansion is a real threat. This may come down to Senate Judiciary Chairman Grassley. I expect he’s on the phone with other senators right now. I doubt if Grassley fears trump. Or respects him. And I don’t  think trump or McConnell can do anything but piss and moan if Grassley says, No. No hearings.

  169. 169.

    Elizabelle

    September 18, 2020 at 9:03 pm

    @Leto:   I think we can shut this down.

    Get those GOP senators in danger on the record.  Will you support seating a new justice before 2021, after the Merrick Garland precedent?

    This could be bad for them.

    What’s more, rallying against any new Justice from this administration could get lots of people out on the street.  In DC, and in the districts.

    I am not going to go in on the doom porn, and might just have to avoid this blog (or pie a bunch of folks).

  170. 170.

    MomSense

    September 18, 2020 at 9:04 pm

    Now hillz is on Maddow and it’s just too much.

  171. 171.

    sdhays

    September 18, 2020 at 9:27 pm

    It occurs to me that there’s a good chance that Dump won’t just lose in historic fashion, but the Senate may also turn hard toward the Democrats in November. Obviously, the lame duck Republican Senate majority will slash and burn its way to replace RBG before December 31. But the Democrats still have one actual tool left – the real filibuster. If it comes to that, and it may, 47 Democrats can just take turns talking on the Senate floor a month and half or however long necessary to run out the clock. There’s nothing “must pass” enough to not simply shut down the lame duck Senate, and the public won’t care about any bumps by the time the next election comes around.

    It’s not going to be pretty, but we are NOT fucked.

  172. 172.

    Ohio Mom

    September 18, 2020 at 9:48 pm

    I’m like, “Yeah, Let’s head to the streets and let McConnell know NO WAY!” and then I remember, “Covid, pre-existing conditions, over 60, high risk, nope.”

  173. 173.

    J R in WV

    September 18, 2020 at 9:54 pm

    @Mathguy:

    September 18, 2020 at 7:57 pm

    Awful that she died. RIP. Awful that she was selfish enough not to retire when Obama could have replaced her with someone else that was sane as well.

    Again, fuck you very much. Ruth Baden Ginsburg was a hero, and heroes don’t quit. She had every reason to believe she was done with her cancer, it had been more than 5 years of health since her treatments ended.

    You won’t ever accomplish a fraction of what she accomplished in the past year! Into the pie safe forever, ass.

  174. 174.

    DougJ

    September 18, 2020 at 9:54 pm

    @Adam L Silverman:

     

    as I said…

  175. 175.

    Steeplejack

    September 18, 2020 at 9:55 pm

    @The Fat Kate Middleton:

    Sorry to hear about your sister. Sending light and comfort.

  176. 176.

    J R in WV

    September 18, 2020 at 9:58 pm

    @guachi:

    September 18, 2020 at 7:59 pm

    RBG’s legacy is a decades long conservative majority. That’s it.

    Thanks a lot, RBG.

    You too, fuckwad! No concept of honor or heroism. Ruth Bader Ginsburg was a hero, a concept you have no understanding of whatsoever. She worked hard all her long life and accomplished a great deal. More than can be said for you.

    You are into the pie safe forever, right now!

  177. 177.

    NoraLenderbee

    September 18, 2020 at 10:01 pm

    I wish I could mourn and remember her now, instead of immediately thinking of all the horrible consequences that are possible. Maybe in a few days. rest in power, RBG.

  178. 178.

    The Fat Kate Middleton

    September 18, 2020 at 10:18 pm

    @Ohio Mom: Thanks. She’s with Duke Medical Center (one of the best), so we’re pretty confident about that. I will, however, share your advice with her. Thanks again.

  179. 179.

    Geminid

    September 18, 2020 at 11:04 pm

    @Geminid: Judiciary Committee Chairman Grassley?! What a Geminidiot! Grassley took a different chairmanship. Now Graham is the Judiciary Chairman. But I still want to see what Grassley does.

  180. 180.

    zeecube

    September 19, 2020 at 12:19 am

    A bad day for John McCain. Rest in peace, Your Honor. Everyone else, get ready for the shitshow.

  181. 181.

    J R in WV

    September 19, 2020 at 8:50 am

    @lamh36:

    I saw someone say Trump can bypass the nominating process and directly put someone on the court!

     

    Is that true?

    No, it is most assuredly not true!

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