Supreme Court Seat Up for Grabs in Election Year
On September 18, 2020, Ruth Bader Ginsburg tragically passed away after a long career of being a Supreme Court Justice. Though many are still paying their respects, her death has left a vacancy in the Supreme Court. One that both presidential candidates are looking to fill with their own appointee.
The topic of who should be appointed to the Supreme Court has been a point of heated debate among the political parties. On the Republican side, it would be the second Supreme Court Justice to be appointed by President Trump after his appointment of Brett Kavanaugh in 2018. At this time, Trump has nominated Amy Coney Barrett to fill the seat and start the steps towards his second Supreme Court appointment.
On the other end of the spectrum, Joe Biden could appoint a more progressive Justice if there is no nomination until after he has won the White House.
If President Trump is able to secure Barrett’s position on the Supreme Court, Democrats like Senator Ed Markey have suggested that Biden should expand the Supreme Court if he wins the election. If the Court were to be expanded, it’s unclear how many new Justices there would be. Currently, the Supreme Court has a total of 9 seats. This prevents any sort of tie from happening when a case is seen by the Supreme Court.
It’s important to understand that the President does not have the power to change the number of Justices in the Supreme Court and it’s Congress that has that power. However, if Joe Biden wins the Presidency the Democrats could see control over Congress and make that change.
Either way, the appointed Justice will be able to vote on the outcome of Supreme Court cases during their term. Along with this comes the ability to review and possibly overturn previously seen cases such as Roe v. Wade (1973).
Unlike the President or members of Congress, Supreme Court Justices serve life terms. This means that a Justice appointed now could hold that position for decades after the President that appointed them has already left office. This makes Supreme Court appointments relatively rare. This means that whoever is appointed will have power in the Supreme Court for years to come and can affect the outcome of future cases.
With the added possibility of a Supreme Court appointment on the line, the election will become more heated and many Americans will be watching to see how the highest court in the nation will be affected.
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