According to CNN, on September 18, local time, the U.S. Supreme Court announced that Justice Ruth Bud Ginsburg died of complications caused by pancreatic cancer on the same day, at the age of 87.
Ginsburg is one of the most respected women in America. On the same day, the White House and Congress lowered their flags to half-mast in mourning, and hundreds of people went up the stairs in front of the Supreme Court to pay tribute to Ginsburg.
Ginsburg, an iconic feminist figure in the U.S. Supreme Court, has died. Screenshot of the New York Times report
Appointed by then-President Bill Clinton in 1993, Ginsburg is the second female justice in the history of the U.S. Supreme Court and the oldest and longest-serving of the nine justices. Ginsburg is also the most vocal justice in the liberal wing of the U.S. Supreme Court. Some analysts believe that her death may trigger a new round of political struggle - the Republican Party wants to nominate a conservative justice, and the Democratic Party wants to nominate a liberal justice.
With less than seven weeks to go before the U.S. election, what variables will Ginsburg's death bring to the U.S. election?
The legendary life of the second female justice in American history
Ruth Bader Ginsburg was born in 1933 to a Jewish family in the United States and attended Cornell University, Harvard University, and Columbia Law School, where he graduated first with honors.
At Cornell University, Ginsburg met her future husband, Martin Ginsburg, and the two worked hand in hand for nearly 70 years. At Harvard, as one of the few women studying law, Ginsburg became the editor of the Harvard Law Review— and it is well known that only the best students can serve as editors of such journals.
Ginsburg as a young man. Screenshot of CNN video
After graduating from Columbia Law School, Ginsburg was denied equal employment opportunities. When the other male students in the class were admitted to the major law firms in New York, Ginsburg, who graduated first, did not get admitted to the law firm, simply because "she is a woman."
Ginsburg hasn't given up, and she's been pushing for women's equality in the U.S. within her area of expertise. After two years in the U.S. District Court for the Southern District of New York, Ginsburg entered the college as a faculty member. During this time, Ginsburg participated in many efforts to promote feminism and made important contributions to the fight for women's equal rights. Before becoming a justice, she defended six feminist rights cases on the U.S. Supreme Court, five of which she won, including reed v. Reed, a landmark case in U.S. history. She also founded the first magazine in the United States on women's rights, The Journal of Feminist Law.
In 1981, Ginsburg was nominated by then-President Carter to be a judge of the Court of Appeals for the District of Columbia Circuit for 13 years. In 1993, then-President Clinton appointed Ginsburg as Supreme Court Justice, and she became the second female justice in U.S. history — the first being Sandra O'Connor, who was also on the Supreme Court at the time. After O'Connor abruptly announced her retirement in 2005, Ginsburg became the only female justice on the Supreme Court.
As a liberal justice, Ginsburg has been a Supreme Court justice for 27 years on a number of issues such as women's equal rights, including support for women's abortion rights, support for same-sex marriage, and promotion of voting rights, and she has also actively expressed her views on immigration, health care and affirmative action.
Because of some radical statements, Ginsburg became one of the most controversial figures in the United States. But she is undoubtedly the equivalent of a "rock star" in the United States, affectionately known as "Notorious R.B.G."
In recent years, however, Ginsburg has been plagued by illness and has been hospitalized several times. In 1999, Ginsburg was diagnosed with colon cancer and underwent surgery, radiation therapy and chemotherapy. In 2009, she was diagnosed with pancreatic cancer. In 2018, Ginsburg fell in his office, fractured three ribs, and was forced to be hospitalized. She was diagnosed with lung cancer and underwent surgery on 21 December to remove the malignant tuberculosis. In July 2020, Ginsburg was hospitalized after contracting the new crown virus. On September 18, Ginsburg died at home from complications from cancer.
"She's an American story in herself"
Zhang Jun, an American legal scholar and federal court lawyer, said in an interview with the Beijing News reporter that "when I heard the news of Ginsburg's death, I was really sad."
More than a decade ago, Zhang Jun, a trial lawyer in a U.S. federal court, had a conversation with Justice Ginsburg on the Supreme Court. Zhang Jun said, "In my impression, Justice Ginsburg is a very cute little old lady. She was very thin, and I even deliberately kept a little distance from her in the process of talking to her, because I was afraid that I would collide with her and could not explain it to the people who loved her. But she is also a giant of the feminist movement, and has made great contributions to the feminist movement and the affirmative action movement for decades."
Attorney Zhang Jun (left) and Justice Ginsburg in 2007. Courtesy of respondents
Zhang Jun said that although her political views may differ from those of Justice Ginsburg, her esteem in the United States is very high, and "today's media, regardless of which side of the left, center, and right, show respect and nostalgia for her." "It seems to me that she is a very lovely old lady, a very great jurist, a very persistent justice. She is an American story in itself, a complete interpretation of the American dream."
In fact, although it belongs to the liberal justices, Ginsburg has gained the respect of both factions. Trump, who has had many conflicts with Ginsburg before, said on the evening of the 18th: "Whether you agree or not, she is an amazing woman who leads a great life." ”
Former U.S. Secretary of State Hillary Clinton posted a condolence: "Justice Ginsburg has paved the way for many women, including me, and there will never be anyone like her again." ”
Chief Justice John Roberts of the United States said: "Our descendants will remember ruth Bard Ginsburg as we know him, a weary but determined defender of justice." ”
Trump and Biden's "war for justice" begins
According to the Guardian, shortly after the news of Ginsburg's death was exposed, Mitch McConnell, the republican majority leader of the US Senate, issued a statement saying that the Senate would hold a vote on President Trump's justice nomination as soon as possible.
U.S. Supreme Court justices are nominated by the President and appointed by the President after being voted by the Senate. The lord justices were appointed for life, in order to ensure that they were not pressured by the executive branch.
In response to McConnell's statement, The Democratic Party's 2020 presidential candidate Joe Biden objected. He said a Ginsburg replacement must not be decided until the end of the November presidential election, and that "voters should choose the president, and the president should choose the justice nomination for consideration by the Senate."
Biden also noted that the Republican-controlled Senate took this position nearly 10 months before the 2016 election, and the Senate must take that position today.
Justice Ginsburg. Screenshot of CNN video
Conservative Justice Anthony Scalia died in February 2016, and then-President Barack Obama nominated a candidate for justice. But McConnell, the Republican leader who controlled the Senate at the time, said Scalia's seat should be nominated by the winner of that year's U.S. election, the next president, without giving Obama a chance at all. In the end, Trump, who won the election, nominated conservative Justice Neil Gorsuch in 2017.
McConnell can't wait for this year's election to end this time.
Former US President Barack Obama issued a statement on the 18th, calling on the Senate to consider nominating a new justice to take over Ginsburg's position after the election. According to NBC, Ginsburg herself has said to her granddaughter that she wants her replacement appointed by the next president. "My strongest desire is that my place will not be replaced until the new president takes office." She had said to her granddaughter Clara Spera a few days before her death.
Obama tweeted a statement. Twitter screenshots
However, the US media pointed out that the president has the right to nominate candidates for justice, and candidates only need to be voted by the Senate to be appointed. At present, the Senate is controlled by the Republican Party, so trump still has the possibility of pushing another conservative justice to the Supreme Court. A source told CNN that once Trump makes a decision, the White House will quickly identify a candidate to replace Ginsburg's justice.
■ Expert interpretation
Interpretation 1: "The U.S. Supreme Court may become increasingly conservative"
Zhang Jun pointed out that the death of Justice Ginsburg may first upset the current delicate balance of the US Supreme Court, and even cause the Supreme Court to tilt more conservatively.
By the time Justice Ginsburg was alive, the U.S. Supreme Court had slanted toward conservatives, with 5 of the 9 justices conservative and 4 liberal. "Now on most issues, the Supreme Court vote is 4-4, and conservative Chief Justice John Roberts occasionally acts as a balancing force in the middle. But after the death of Justice Ginsburg, if another conservative justice is added, it will undoubtedly upset the delicate balance and make the future judgments of the US Supreme Court more and more conservative."
9 justices of the U.S. Supreme Court. Image of the official website of the U.S. Supreme Court
On the evening of September 18, Senate Republican Leader McConnell had said he would hold a vote on Trump's nominee as soon as possible, but he did not specify a specific time. So far, Trump has not said who he will nominate to succeed Ginsburg. However, since the nomination of justice candidates is the constitutional power of the president, only the Republican majority of the Senate needs to pass after the nomination, and the analysis believes that it is also possible for the Supreme Court to add another conservative justice to form a 6:3 pattern.
Interpretation 2: "Whether the Senate can pass the nomination remains uncertain"
Zhang Jun believes that from Trump's point of view, he is likely to nominate a conservative justice candidate as soon as possible. Because in part of Trump's victory in the 2016 election, he campaigned for a nomination for justice that was all conservative judges, which won him the support of American evangelicals who may not recognize Trump as a person, but ultimately supported Trump in order to add a conservative justice to the Supreme Court.
"Judging from the current election situation, the confrontation between conservatives and liberals is very serious, and Trump may once again win the support of some swing states by nominating a conservative justice candidate to boost his election." Zhang Jun said.
But whether the nomination can be passed in the Senate after the nomination is still uncertain. Of the current 100 seats in the Senate, the Republican Party has a majority of 53 seats, but its advantage is not obvious. Although the Democratic Party has only 45 seats, the two independents basically agree with the Democratic Party. In addition, there are several lawmakers within the Republican Party who are not staunch Trump factions, and there may be anti-water situations.
Zhang Jun explained that during the presidential election in November this year, about 1/3 of the senatorial seats were also subject to re-election, so some Republican lawmakers also had to consider their own elections, not just from a partisan point of view. "If republicans are pressed within these lawmakers to take sides and support Trump's proposed justice candidate, it could undermine their elections and nationalize local elections." In addition, if Republicans repeatedly push it, it will also motivate Democrats to some extent and bring greater variables to the election. "So Trump should nominate a new justice candidate, but it remains to be seen whether the Senate can pass."
Interpretation 3: "The Supreme Court has had a profound impact on American society and culture"
Zhang Jun pointed out that the death of Justice Ginsburg, in addition to having an impact on the US Supreme Court and bringing variables to the US election, has a great impact on the democratic process in the United States and the system of separation of powers in the United States.
"Justice Ginsburg's background, background, and environment in which she grew up, as well as her focus on liberal movements such as the feminist movement and the affirmative action movement, have made her a star in the American liberal movement." She is receiving far more attention in the United States than a justice should receive. As a result, her death is a very significant loss to the American liberal movement. Zhang Jun said.
There are people commemorating Ginsburg at the door of the Supreme Court. Reuters Twitter screenshot
In other words, the Supreme Court, composed of nine justices, is regarded as the final arbiter of American law, known as the last line of defense of American democracy, and they have a profound impact on American politics, social culture, religion, and values.
Zhang Jun said, "For example, in the 2000 U.S. presidential election, due to the controversy over the vote count in Florida, the Supreme Court finally decided with a 5:4 vote, rejected the Florida Supreme Court's decision to order a manual vote count, and sent George W. Bush to the White House." It can be seen that when there is a legal dispute, the Supreme Court has the final decision, even in presidential elections." In addition, on issues such as gay marriage and women's abortion rights that have changed the cultural history of American society, it is also the final decision of the Supreme Court. Therefore, the Supreme Court justices, as tenured justices, can be said to lead the social trend in the United States to some extent.
Beijing News reporter Xie Lian
Edited by Liu Mengjie Proofreader Li Xiangling
Source: Beijing News