DUELING COLUMN: Trump Should Nominate The Next Supreme Court Justice

Damielys Duarte/Assistant Opinion Director

The death of Supreme Court Justice Ruth Bader Ginsburg on September 18 has shaken the American political system. Besides the loss of the feminist icon, her passing has also presented the political dilemma of who should fill her seat. With election day only 40 days away, Republicans are scrambling to nominate a new Justice before America offers its vote. And I for one, don’t blame them.

Most of us can remember the political tug-of-war in 2016 over the death of Antonin Scalia, a Supreme Court Justice who passed away in February of that election year. Much like Trump’s stance today, former President Obama made it very clear he planned on filling the vacancy with Judge Merrick Garland.

However, Republicans who controlled the Senate at the time, pushed for the nomination of the Justice to be conducted during the next President’s term and were successful. Now Democrats are calling Republicans hypocrites for not keeping their belief that justices should not be appointed during the President’s lame duck period.

From the looks of it, both parties are hypocrites and it’s time we accepted this fact. 

The irony in this situation is the complete role reversals of both parties. As part of Justice Ginsburg’s last wish, she was quoted saying, “my most fervent wish is that I will not be replaced until a new president is installed.” Yet in 2016, Ginsburg commented that the Senate had an obligation to assess Judge Garland’s qualifications, stating “that’s their job… there’s nothing in the Constitution that says the president stops being president in his last year.” 

Late Justice Ginsburg is proof of how four years can change your political tune.

Much the same, then Presidential candidate Hillary Clinton also tweeted a statement in 2016 saying, “evaluating and confirming a Justice to sit on this nation’s highest court… is a serious obligation… That obligation does not depend on the party affiliation of a sitting president, nor does the Constitution make an exception to that duty in an election year.”

The Democrats claim Republicans are hypocrites but they might as well be glaring at their own reflection. Four years ago, they firmly maintained the position that President Obama should make the Supreme Court nomination and that such a monumental decision should not be fueled by partisan interest. Yet, here they are, promoting their self interests exactly like Republicans did in 2016.

At this point, it would be naïve to assume that any party is free from political bias or intent. At the end of the day, their job is to promote their group’s agenda even if that was not the original intention of political parties. With that said, I believe Republicans have the same rights as 2016 Democrats to fight to nominate the new Supreme Court Justice.

Besides the obvious political interest Republicans have in determining the next Justice, there is also the very real possibility that such a contentious Presidential election might require a Supreme Court tie breaker. A notion promoted by Justice Ginsburg in the 2016 election year with her comment “eight is not a good number.”

With that said, I believe Trump has every right to try and appoint another Justice to the Supreme Court in light of Ginsburg’s passing. He has even made comments on his possible nomination being a woman in order to honor Ginsburg’s legacy as a huge promoter of women’s rights.

One of the top contenders is Barbara Lagoa, who currently sits on the United States Court of Appeals for the 11th Circuit. In addition to her Cuban heritage and being the first Hispanic woman appointed to the Florida Supreme Court, she is also a former FIU student. So perhaps at the end of this familiar political turmoil, an FIU alumni will be taking a seat at the high court.

At the end of the day, politics will be politics and we cannot blame President Donald Trump nor the Republcian party for fighting for their political beliefs as any Democrat would do for their own. As such, we have no choice but to leave this contention in the hands of the policy makers above us. May the best man win in the race for the Supreme Court nomination.

DISCLAIMER:

The opinions presented within this page do not represent the views of PantherNOW Editorial Board. These views are separate from editorials and reflect individual perspectives of contributing writers and/or members of the University community.

Featured image from Lorie Shaull on Flickr.