In a statement posted to his Medium page, former President Obama is calling for the Senate to honor Ginsburg’s “instructions” and delay naming a successor as a matter of “everyday fairness” and “consistency.”
Days before her death, Justice Ginsburg reportedly told her granddaughter, Clara Spera “My most fervent wish is that I will not be replaced until a new president is installed.”
Obama called Ginsburg a “warrior for gender equality” as well as a “a relentless litigator” and writes ” Justice Ginsburg helped us see that discrimination on the basis of sex isn’t about an abstract ideal of equality; that it doesn’t only harm women; that it has real consequences for all of us.”
After paying tribute to Ginsburg’s career, Obama calls for the Senate to delay filling her seat, based on the principles of “everyday fairness” and “consistency,” pointing to Republicans refusing to consider Merrick Garland during the last year of his term.
Obama writes “Four and a half years ago, when Republicans refused to hold a hearing or an up-or-down vote on Merrick Garland, they invented the principle that the Senate shouldn’t fill an open seat on the Supreme Court before a new president was sworn in.”
In a passage highlighted in blue, Obama continues “A basic principle of the law — and of everyday fairness — is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment.”
Senate Majority leader Mitch McConnell stated Friday, a Trump nominee for Ginsburg’s replacement will be brought to a Senate vote.
McConnell also explains what he considers a difference between the scenario of Merrick Garland and the current one, writing “In the last midterm election between Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.”
The Senate Majority leader then explains “Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise.”