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The Race To Fill RBG's Seat


Republicans haven't paused to mourn the loss of the most iconic figure in the US judicial system, and appear to be gearing up to fill the seat of Ruth Bader Ginsburg before November's election. Come November we may see Democrats take control of all three pillars of American Democracy, the House of Representatives, the Senate, and the Presidency.

And while the presidency lasts four years, there is no term limit for members of the US Supreme Court, with a vacancy only arising from a retirement or a death in office. So whoever is selected to replace RBG on the Supreme Court is likely to serve fifteen to twenty years on the role.

In order to be selected to sit on the SC, a person has to be nominated by the President and approved by the Senate, both of which are currently held by Republicans. But that may not be the case after November, with there being a fair chance of Dems winning both races. 

Justice Ginsburg's passing has changed the dynamic of the SC, with it now being evenly split between Liberals and Conservatives, 4-4, in the nine seat court. Trump is no doubt eager to fill the vacancy before his term ends, and transform the SC into a conservative body for the forseeable future, with a conservative advantage of 5-4.

Whether this comes to pass before November remains to be seen, but has the potential to affect the USA more than the Presidential Elections. A Conservative SC could prevent the Democrats from making reforms on major social issues such as Gun Control, which is based on the SC's interpretation of the Second Amendment, and could also reverse previous decisions on Abortion and Same Sex Marriage, if a challenge is brought before them.

But Trump is still the President of the USA, and it is well within his remit to nominate a replacement justice, no matter how close he is to the end of his term. Though he may be hesitant himself to nominate a new person, after the controversy that was caused when he nominated Brett Kavanaugh. It would certainly become the main talking point of the Election and whether that would work in Trump's or Biden's favour would remain to be seen. The ball is now in Trump's court as to whether or not he wants to nominate a replacement before the end of his term.

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