Radio CG 8: Rest In Peace, Justice Ginsburg

This show started out a differently – with an agreement. As most of you know, Justice Ruth Bader Ginsburg (“The Notorious RBG”) passed away on Friday, September 18th. We’ve lost “one of the great ladies of American history,” Pat says, who paved the way for and inspired millions of women. Her death, unfortunately, was instantly politicized by both sides, and for the first few minutes of the eighth episode of Common Ground, we spent some time focusing on the loss of an incredible human being.

What Did We Lose With RBG?

“RBG,” Pat says, “represents what women can be in America.” She was a prominent fixture on the highest court in the land, contributing to decisions that shaped the way our nation runs. Yes, in recent years she’s been famous for her liberal leanings and has been called a feminist icon, but in her career she also fought hard for men.

And as our nation became increasingly politically hostile, her longtime friendship with Justice Antonin Scalia – seemingly her ideological polar opposite – reminded us that no matter what our political leanings, we should still be able to respect and communicate with each other.

Politicizing RBG’s Seat

Mitch McConnell came out swinging immediately, stating less than a couple hours later that President Trump would fill Justice Ginsburg’s empty seat. Democrats immediately closed ranks and vowed to block it if they could (though their options as to how are honestly limited).

(We’ll mention here that President Trump, who is usually quick to comment, was incredibly gracious when informed about Justice Ginsburg’s passing.)

You’ve probably heard plenty about McConnell’s straight up blocking of Merrick Garland, who would have been President Obama’s final SC appointee. During that time, numerous Republicans (McConnell included) stated that a president at the end of his term should not be able to nominate a new justice. A quick jaunt around Twitter or YouTube will show you clips of these politicians making such remarks. Democrats are crying foul because now the Republicans are going back on the “precedent” they set in an effort to ram through a conservative justice.

But would the Democrats observe this precedent if they had been the one to set it? As caller Milly pointed out, “If the shoe was on the other foot and the Dems had this opportunity, they would jump all over this.”

You know what, that may be true. Both sides are so eager to push forward their agendas that they would likely happily ram through the justice of their choice.

Now, should it be that way?

Ideally, the Supreme Court is the law of the land. It arguably shouldn’t follow an agenda for either side. That we’re even politicizing it has left a sour taste in the mouths of many.

Should RBG’s Replacement be a Woman?

Obviously there are a lot of names being thrown around at the moment. Trump released a list of potential Supreme Court picks back in September. Ted Cruz and Tom Cotton were on the list…and so were Amy Coney Barrett and Barbara Lagoa.

Pat and Dean generally felt that the replacement, however they lean, should be a woman. It will restore some balance to the court; right now, with RBG’s passing, there are six men and two women. Politically speaking, it may well please some female voters who are otherwise on the fence.

Can We Find Common Ground?

So what’s the solution here?

We’ve got one, although it will probably never come to fruition. The Supreme Court is a voting issue now. Why don’t Trump and Biden each produce a list of their top three Supreme Court picks? Then let the voters decide who they’d rather see on the bench.

Alternatively, they could discuss their picks and even the direction of the court at one of the upcoming debates.

The reality is, the Republicans will probably get their selection through. There’s a slim chance a few will not want to vote. We don’t think it will be enough to stop the proceedings.

But in closing, we want to remember RBG and her devotion to both her duty and her country. Agree with her or not, she did a heck of a job and leaves some very big shoes to fill. Thank you, Justice Ginsburg, for all that you did.

And thanks to our callers – there were a lot of you this time! – for making us think, and providing lively, interesting conversation.