Fight for succession of High Judge Bader Ginsburg already erupted

The death of Supreme Court Judge Ruth Bader Ginsburg will only harden the already fierce debate during the US election campaign. As the President appoints judges for life, it is important whether Donald Trump gets the appointment through in the latter days of his first term, or whether the ball is first in the electorate‘s court.

According to the constitution, the President nominates a candidate, which then has to be confirmed by the Senate. The Republicans are still in the majority there, but the Democrats hope to win back the White House and Congress in November.

“It is up to the voters to elect a president and that president must then appoint a successor to Judge Ginsburg,” said challenger Joe Biden in a first reaction to her death. Former President Obama also believes that, now that ballot papers have already been handed in, a decision should be postponed.

Biden pointed out that this was also the position of the Republicans in 2016, when a vacancy arose at the highest judicial body in the country 237 days before the election. This time there are only 46 days until the election.

Presidential candidate Joe Biden and President Trump reacted earlier to Ginsburg’s death. Trump called her a ‘great woman’ and, according to Biden, she stood before them the highest American ideals:

In this case, McConnell wants to deviate from the procedure he defended four years ago. He promises to put Trump‘s choice to the vote soon. He says things are different now because Senate and White House are in the hands of the same party.

“The Americans re-elected our majority in 2016 and enlarged it in by-elections because we promised to support President Trump, especially on his appointments of judges. We want to keep that promise this time too’

His party colleague, Ted Cruz, points out the importance of having a complete court with nine judges again before election day. “If the court is divided four to four, nothing can be decided. In a controversial election, you run the risk of a constitutional crisis. Certainly because the Democrats and Joe Biden have already indicated that they contest the result”

Whether the Republicans will succeed in appointing a new judge before 3 November is doubtful. Normally such a procedure takes several months.

Moreover, the Republicans in the Senate only have a majority of 53 to 47 votes and there are already some party colleagues who believe that the Senate should not make hasty decisions. For example, there are some politicians who cannot afford to deter moderate voters in this election year.

“I will not vote for the Supreme Court now that there are less than 50 days until the election,” said Senator Murkowski a few hours before the Ginsburg news came out. “I really think it is too short a day now,” said her colleague Collins earlier this month.


President Trump has not yet said anything about the timeframe he is considering, although he has already published a list of 20 possible candidates for the position in the past. He may also choose to postpone his decision until after the elections in order to secure the vote of conservative voters.

If the choice of a new judge is still in the air, Trump and the Republicans in the Senate can underline to their supporters that these elections will influence policy for years to come: if their party appoints a judge, the division between conservative and progressive judge is six to three.

Ruth Bader Ginsburg herself had, according to her family, an outspoken opinion. “It is my fervent wish that my successor be appointed when the new President has been appointed

A large crowd gathered at the Supreme Court in Washington D.C. to commemorate Ginsburg: