High court justice remembered as feminist Icon ‘RBG’
Supreme Court Justice Ruth Bader Ginsburg, a towering women’s rights champion who became the court’s second female justice, died Friday at her home in Washington. She was 87.
Ginsburg died of complications from metastatic pancreatic cancer, the court said.
Her death just over six weeks before Election Day is likely to set off a heated battle over whether President Donald Trump should nominate, and the Republicanled Senate should confirm, her replacement, or if the seat should remain vacant until the outcome of his race against Democrat Joe Biden is known.
Trump, who called Ginsburg “an amazing woman,” made his view clear on Saturday: He urged the Senate to consider “without delay” his upcoming pick for the high court. “We were put in this position of power and importance to make decisions for the people who so proudly elected us,” Trump tweeted, “the most important of which has long been considered to be the selection of United States Supreme Court Justices. We have this obligation, without delay!”
Majority Leader Mitch McConnell said late Friday that the Senate would vote, even though it’s an election year.
Biden said the winner of the November election should choose Ginsburg’s replacement. “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 after returning to Wilmington, Delaware, from campaign stops in Minnesota.
Her colleagues on the court penned heartfelt messages of grief, respect and awe for Ginsburg that also reflected the personal ties between the justices.
“Through the many challenges both professionally and personally, she was the essence of grace, civility and dignity,” Justice Clarence Thomas wrote. “The most difficult part of a long tenure is watching colleagues decline and pass away. And, the passing of my dear colleague, Ruth, is profoundly difficult and so very sad. I will dearly miss my friend.”
Ginsburg announced in July that she was undergoing chemotherapy treatment for lesions on her liver, the latest of her several battles with cancer.
Ginsburg spent her final years on the bench as the unquestioned leader of the court’s liberal wing and became something of a rock star to her admirer s. Young women especially seemed to embrace her, affectionately calling her the Notorious RBG, for her defense of the rights of women and minorities, and the strength and resilience she displayed in the face of personal loss and health crises.
Those health issues included five bouts with cancer beginning in 1999, falls that resulted in broken ribs, insertion of a stent to clear a blocked artery and assorted other hospitalizations after she turned 75.
She resisted calls by liberals to retire during Barack Obama’s presidency at a time when Democrats held the Senate and a replacement with similar views could have been confirmed. Instead, Trump will almost certainly try to push Ginsburg’s successor through the Republicancontrolled Senate — and move the conservative court even more to the right.
Ginsburg antagonized Trump during the 2016 presidential campaign in a series of media interviews, including calling him a faker. She soon apologized.
Her appointment by President Bill Clinton in 1993 was the first by a Democrat in 26 years. She initially found a comfortable ideological home somewhere left of center on a conservative court dominated by Republican appointees. Her liberal voice grew stronger the longer she served.
Ginsburg was a mother of two, an opera lover and an intellectual who also liked to show off her femininity, choosing to accessorize her robe with lace and beaded collars, and delighting in the fashion featuring her likeness that would later spring up. At argument sessions in the ornate courtroom, she was known for digging deep into case records and for being a stickler for following the rules.
She argued six key cases before the court in the 1970s when she was an architect of the women’s rights movement. She won five.
“Ruth Bader Ginsburg does not need a seat on the Supreme Court to earn her place in the American history books,” Clinton said at the time of her appointment. “She has already done that.”
Following her death, Clinton said, “Her 27 years on the Court exceeded even my highest expectations when I appointed her.”
On the court, where she was known as a facile writer, her most significant majority opinions were the 1996 ruling that ordered the Virginia Military Institute to accept women or give up its state funding, and the 2015 decision that upheld independent commissions some states use to draw congressional districts.
Besides civil rights, Ginsburg took an interest in capital punishment, voting repeatedly to limit its use. During her tenure, the court declared it unconstitutional for states to execute the intellectually disabled and killers younger than 18.
In addition, she questioned the quality of lawyers for poor accused murderers. In the most divisive of cases, including the Bush v. Gore decision in 2000, she was often at odds with the court’s more conservative members — initially Chief Justice William H. Rehnquist and Justices Sandra Day O’Connor, Antonin Scalia, Anthony M. Kennedy and Clarence Thomas.
The division remained the same after John Roberts replaced Rehnquist as chief justice, Samuel Alito took O’Connor’s seat, and, under Trump, Neil Gorsuch and Brett Kavanaugh joined the court, in seats that had been held by Scalia and Kennedy, respectively.
Ginsburg would say later that the 5-4 decision that settled the 2000 presidential election for Republican George W. Bush was a “breathtaking episode” at the court.
She was perhaps personally closest on the court to Scalia, her ideological opposite. Ginsburg once explained that she took Scalia’s sometimes biting dissents as a challenge to be met. “How am I going to answer this in a way that’s a real putdown?” she said.
When Scalia died in 2016, also an election year, Senate Majority Leader Mitch McConnell refused to act on Obama’s nomination of Judge Merrick Garland to fill the opening. The seat remained vacant until after Trump’s surprising presidential victory. McConnell has said he would move to confirm a Trump nominee if there were a vacancy this year.
GOP Sen. Lindsey Graham of South Carolina chairman of the Senate Judiciary Committee, which would hold hearings on a nominee, tweeted that he backed Trump “in any effort to move forward” and fill the vacancy.
McConnell, in a note to his GOP colleagues Friday night, urged them to “keep their powder dry” and not rush to declare a position on whether a Trump nominee should get a vote this year. “This is not the time to prematurely lock yourselves into a position you may later regret,” he said.
Top Senate Democrat Chuck Schumer tweeted: “The American people should have a voice in the