Justice Ginsburg’s Death and the 2020 Presidential Race - “The Sunday Political Brunch”

Sunday, September 20, 2020

Mark Curtis, MINDSETTER™

 

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Ruth Bader Ginburg

The breaking news Friday night that Justice Ruth Bader Ginsburg died sent shock waves across the nation. I had prepared a completely different column for this week, but scrap that. This is a huge event, with potentially major political fallout. I always hate to start dissecting political impact in the face of tragedy, but the political world does not operate in a vacuum. Let’s “brunch” on that this week.

“The Political Strategy” – Suddenly, President Trump is the first president since Ronald Reagan who could appoint three Associate Justices to the U.S. Supreme Court. Even if Trump loses his reelection bid, his imprint on the High Court could last a generation (generally agreed to be 25 years). My educated guess is this nomination will be on the fast track. We could see a formal nomination within days and Senate Judiciary Committee hearings within two weeks, with a vote before Election Day. Even after Election Day – regardless if Trump wins or loses – there could still be a Senate vote to confirm the nominee. Why? It’s a lifetime appointment, meaning that could shape High Court decisions for decades, long after Trump is gone from the White House.

“The Nominee MUST be a Woman” - The safest bet you can make right now is that the nominee will be a woman. Trump has no choice. If he replaces RBG with a man, there will be a backlash. Also, Trump needs to counter Sen. Kamala Harris (D) California as the running mate to former Vice President Joe Biden. Trump is appealing to suburban, female voters with his choice. There is no shortage of options. Amy Coney Barrett of Indiana, U.S. Court of Appeals for the Seventh Circuit, Diane Sykes of Wisconsin, U.S. Court of Appeals for the Seventh Circuit, or Barbara Lagoa of Florida, U.S. Court of Appeals for the 11th Circuit. And there are many more.

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“RBG and Me!” – I am sometimes a clumsy person. Often in a hurry, I engage people as I walk away, looking at them over my shoulder, not mindful of what’s in front of me. Such was the case in 1993, when I was on the floor during a break in the Senate Judiciary confirmation hearings for Ruth Bader Ginsberg’s nomination to the Supreme Court. People were casually milling about the room. I was walking east, but looking over my shoulder, conversing with a fellow staffer, moving west. BOOM! I ran smack into two people much smaller than me, and I quickly turned to apologize. “Oh my God, I am so sorry,” as I gazed at their faces and realized I had almost bulldozed Judge Ginsburg and her husband. “We’re fine, we’re fine,” she said, brushing herself off. “I work for a Senator on the committee,” I said, (without naming him), and they laughed, knowing I was trying to cover my ass. Unreal! We had a polite handshake and moved on!

“Why We Engaged” – How people intersect in the world of politics has always fascinated me. Sometimes it’s about being in the right place at the right time. I went to Washington, D.C. in November 1992, after winning a Congressional Fellowship with the American Political Science Association, APSA. It was a very prestigious honor. While I was working for Rep. Charles Schumer (D-NY) on the House Judiciary Committee for six months, I was offered a transfer to the U.S. Senate Judiciary Committee, working for my native-state Sen. Herb Kohl (D) Wisconsin. One of my duties was to help Senator Kohl prepare for Ruth Bader Ginsburg’s nomination to the U.S. Supreme Court.

“Listen to Good Advice” - Ginsburg’s death touched my heart because it involved a very personal story, about seizing opportunity and enriching my own life outside of my comfort zone. My work for the House Judiciary Committee was fascinating and rewarding. I didn’t want to leave. But, the APSA encouraged us to split our fellowship year, half in the House, and half in the Senate. My brother Bill was in DC on business, and we discussed my options over dinner. I was leaning towards staying in the House. He said to me, “Are you nuts? When will you ever have the opportunity again to work on a U.S. Supreme Court nomination? Go!” Based on his advice, I went. My role was to prepare questions about allowing TV cameras in the Federal Court system, including the U.S. Supreme Court. We’re not there yet, but are making progress with audio transmission. I had my fingerprints on an important press and public interest issue!

“What All This Means?” – Politics is a business where you try to plan, and plan, and plan. You try to go with what you know. But unanticipated events can often throw a monkey wrench into the strategy. We are now slightly more than six weeks before Election Day. The Supreme Court opening has suddenly rocketed to the top of the agenda and debate. This is potentially a deciding factor in the presidential election, as well as in some key Senate races. But, regardless of the politics on either side, we should thank and honor Justice Ruth Bader Ginsburg’s service to our nation. May God rest her soul!

Should the next Supreme Court selection vote take place before, or after, the election? Add a comment below.

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Mark Curtis, Ed.D., is Chief Political Reporter for the six Nexstar Media TV stations serving West Virginia, its five neighboring states and most of the Washington, D.C. media market.

 

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