There is a lot of attention being paid to the replacement of Justice Ruth Bader Ginsburg, who recently passed away. But to avoid emotionalism in these discussions, we must look at the facts about the Supreme Court nomination process.
Article II, Section 2, Clause 2 of the U.S. Constitution states: “[The president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States …”
There is no clause to stop nominations in an election year. And there is no clause for the dying wish of a passing justice. The president has the obligation to submit a nominee to the U.S. Supreme Court, and the Senate must confirm or deny that nominee on its timetable.
In 2016, Justice Ginsburg—commenting on President Obama’s nomination of Judge Merrick Garland—supported the Senate moving quickly on a nominee. “That’s their job,” she said. “There’s nothing in the Constitution that says the president stops being president in his last year.”
President Trump and the Republican-controlled Senate must move quickly to confirm a new Supreme Court justice.
Democrats have made it clear they will not accept the election results if President Trump is re-elected. This means the election could be decided by the Supreme Court as it did in 2000, with the Bush v. Gore case. We must have a fully functional court in short order.
The new justice should strictly interpret the U.S. Constitution. The Constitution is not a living and breathing document to be misinterpreted by judges with a left-wing worldview.
Only a nominee with a vast wealth of knowledge about the writings of our founding fathers will be able to fill the role adequately. This nominee must have an understanding of federalism, which governs the proper role of federal and state governments.
Saturday evening, President Trump announced Amy Coney Barrett as his nominee—just the kind of justice we need. He is right to move forward quickly. There is too much at stake to leave the court one justice short.
A Culpeper town councilman and a Republican, Jon Russell formerly led the American City County Exchange.
Catch the latest in Opinion
Get opinion pieces, letters and editorials sent directly to your inbox weekly!