Posted on 05/07/2022 2:32:41 PM PDT by DoodleBob
The late Justice Ruth Bader Ginsburg's failure to retire from the Supreme Court may lead some of her admirers to reassess her legacy if the landmark abortion rights decision Roe v. Wade is overturned.
Political scientists who spoke to Newsweek about the leak of a draft Supreme Court majority opinion that would strike down the 1973 ruling suggested that a "cult of personality" around Ginsburg contributed to the current threat to Roe.
Ginsburg was an iconic figure who is still widely admired, particularly by progressives, but her decision not to retire from the nation's highest court has been criticized in the past. Her death in late 2020 enabled then President Donald Trump to nominate Amy Coney Barrett, a conservative to the Court.
Ginsburg was appointed to the Court by then President Bill Clinton, a Democrat, in 1993 and was long considered the most prominent member of the liberal wing, becoming the subject of comedy sketches, memes and merchandise.
Politico reported on Monday that Barrett was one of the five justices who voted to overturn Roe in conference. She was joined by Justices Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh.
...
David A. Bateman, an associate professor of government at Cornell University, pointed out that Roe has not yet been overturned but told Newsweek that if it is overturned, it would represent, in part, "the failure of Ruth Bader Ginsburg to prepare for the consequences of her mortality."
He said it would also represent the failure of Democrats to win the 2016 presidential election. Bateman said these were normal failures and noted that just as Democrats can't win every election, "people don't like to get ready for their own demise."
(Excerpt) Read more at newsweek.com ...
If Roe is overturned, it's possible that RBG will become to liberals what Dubya is to conservatives.
Oh, the IRONY...
Typical Lefties, getting mad at their own when that one or few recognize something was legally utterly weak and flawed.......
* Does push-ups in honor of Notorious RBG *
Yeah, she coulda shoulda retired while the articulate negro woulda replaced her with another comrad.
The Turtle. And that's why he plays the political game the way he does.
He held the GOP Senate rock-hard against confirming Garland. Then he out the squeeze on for both Kavanaugh and Barrett. For good or I'll, McConnell sticks by the members of his caucus precisely so they'll be there on those kind of votes.
As l said in another post Roberts said the leaked opinion “did not, however, represent the current or final opinion of the court”. That sure sounds like the ruling no longer matches the leak and RVW is not being overturned.
Unintended consequences have consequences.
the last time a justice was approved by a senate controlled by the party in opposition to the president was 1991. Let that sink in, in the past 30 years no justice has been approved by any senate other than one of the same party as the president.
She would have had to retire in 2014 in order for her replacement to have been approved under those conditions.
this is all 100% Trump.
No other Republican would of nominated REAL conservates.
This is why the RINO’s hate him so much, he shown the light on their deception. Rino’s like the Bush’s were never REAL conservatives, they simply knew what to say to get us to vote for them “hoping” that “maybe” this time they might be what they claim to be.
The truth is, Trump governed even more conservatively than Reagan.
Trump was the best president of my lifetime by a mile, with Reagan a distant second and the rest back over the horizon.
I’m sad the old bag didn’t live to see Roe V Wade fall.
RBG even said Roe was a crap decision so it’s nice she is helping undo it.
Frankly, I thought the media falling on their own sword of credibility for Obama was a potential win. It has not quite happened that way, but it appears to function with RGB
Trump is definitely a huge part of it and he deserves all of the credit for what he did and that should not be diminished. His court appointments more than justified his election and proved his critics wrong on that issue.
But if you believe Schumer or Reid as majority leader vs. McConnell as majority leader with a Republican majority made no difference, you would be wrong. Trump was not President nor even the nominee when Scalia passed away and Obama appointed Garland. Schumer or Reid would have pushed this nomination swiftly through - and a huge number of 5-4 decisions that came out would have been 5-4 the other way for quite some time. McConnell also baited the Democrats into forcing the nuclear option on the Gorsuch nomination which was far less consequential as to the makeup of the Court to where it was not an issue when more consequential confirmations were up for replacing Kennedy and Ginsburg.
“No other Republican would of nominated REAL conservatives.”
The leaked opinion was written by Justice Samuel Alito. One of the justices joining the opinion would be Justice Clarence Thomas. If Kerry had been elected in 2004, Alito would certainly not be on the Court. If Dukakis had been elected in 1988, Thomas would certainly not be on the Court.
Not necessarily - it could literally be one paragraph or a few lines changed - or Alito elected to let another justice write the opinion. I don’t think if the current position of the Court was substantially different that this would have been leaked, but that is obviously only speculation.
But since it is a draft and not a final opinion, you are right, we have no room to celebrate just yet. Our reading of the case after the oral arguments was that they would probably weave a thread upholding Roe while at the same time finding that the laws that sparked the lawsuit were also constitutional and not strike them down - which would still been a huge step in the right direction. Now if that is what happens after this leak, it would seem like a huge letdown.
Your thinking is sound on this. I would fully expect Roberts, when faced with RVW getting tossed, doing everything he can to form a legal pretzel weave to have it both ways as you suggest. I agree even that would be significant win but far short of what was hoped for when the leak hit.
Didn’t we go through all this with McCain? People in Washington hang on to power for as long as they can. That drive and tenacity is how they got the power to begin with. It’s strange to go after Ginsberg when Biden is clutching to power with a death grip. Sauce for the gander is sauce for the goose.
Right - it definitely seemed like from the oral arguments there were 6 votes to uphold the laws in question...unclear how many votes that there could be to overturn Roe and Casey.
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