Chunk 6: Will the notorious RGB RIP?

You may have seen/heard recent news that Ruth Bader Ginsburg, the fabled US Supreme Court justice, is again unwell. This brings renewed attention to one of the most important, and contentious, issues during every US presidential election, which is the Supreme Court itself. To explain, first, a bit of background ...

The Supreme Court is the highest court in the US, arguably (get it?) where the most important cases are finally decided. Roe v. Wade, Bush v. Gore, Obergerfell v. Hodges (that's the 2015 case that gave same-sex couples the right to marry).

Just nine Supreme Court justices can sit on the bench at any one time. Each is chosen by the current sitting president, and because they are lifetime appointments, they are among the biggest decisions he or she will make. Accordingly, it's always a huge election issue. (Sidebar: when they meet in chambers to discuss a particular case, the justices have a rule: no one is allowed to speak twice until everyone has spoken once. It’s something that I’m trying - unsuccessfully - to implement at my own dinner table.)

Anyway, back in 2016, Donald Trump actually did something very, very clever (I know, we were all surprised): he teamed up with a very conservative US legal group, the Federalist Society, and released a list of 25 names of the sorts of judges he would, if elected, appoint to the Court. It really helped solidify his support among senior figures within his own party, plus his broader base. Then, true to his word, when the time came to replace two justices (Scalia died and Kennedy retired) he selected two names from that list: Gorsuch and Kavanagh.

Which brings us to the current make-up of the court.

Of the nine current siting justices, five (Roberts, Thomas, Scalia, Gorsuch and Kavanagh) were appointed by Republican presidents, and four (Ginsburg, Breyer, Kagan and Sotomayor) by Democratic presidents. While judges aren't supposed to have a left or right political biases, presidents try very, very hard to appoint justices that will follow their party's general philosophy.

As it stands, the conservatives (5) have a majority over the liberals (4) on each case. But since Justice Kennedy retired, Chief Justice Roberts has, rather unexpectedly, taken up the role as a bit of a swing vote; meaning, like swing states in the election, he can be slightly unpredictable in his rulings, and occasionally side with the liberal justices (which is driving conservatives mad).

Now, back to the notorious RGB, Ruth Bader Ginsburg. Appointed to the court by Bill Clinton in 1993, RGB is now 87 years old and, after surviving cancer twice, fracturing some ribs and undergoing a left lung lobectomy, she is currently battling cancer a third time. She’s old, she’s sick, she’s revered: the woman deserves to live out her remaining days in peace.

But, after 27 years on the court, the last thing RGB wants is to see her seat go to a Republican nominated justice. Because then, even if Roberts swung with the other liberals, they would still probably be in the minority on decisions. 

Instead, what RGB - and every other Democrat - is desperately hoping, is that Joe Biden wins on November 3rd and she can retire. Biden has already promised to put the first black woman on the Court. Outlasting America’s first orange president might just be RGB’s greatest victory.