Leaders Call For Delay On Supreme Court Pick

Sep. 22--BOSTON -- The death of Justice Ruth Bader Ginsburg, who led the liberal wing of the U.S. Supreme Court, has given President Donald Trump a rare opportunity to shape the nation's highest court for decades.

But Ginsburg's passing has also ignited a fierce debate, nationally and locally, over Trump's plans to nominate her replacement before the Nov. 3 presidential election, when he will be up for reelection. As of deadline for this issue of the Townsman, Trump was expected to announce his choice by week's end.

In Massachusetts, Gov. Charlie Baker and other top elected officials are calling on Trump and Republican leaders in the U.S. Senate, which votes to confirm new justices, to wait until after the election.

Baker, a moderate Republican who has tried to steer clear of Washington politics, posted on social media that Ginsburg's death "is not only a loss for the court but for the entire nation." He urged Trump and other GOP leaders to "allow the American people to cast their ballots for president before a new justice is nominated or confirmed."

"The Supreme Court is too important to rush and must be removed from partisan political infighting," Baker wrote.

Sen. Elizabeth Warren, D-Cambridge, pointed out at a vigil for Ginsburg on Sunday night that Senate Majority Leader Mitch McConnell famously refused to hold hearings for President Barack Obama's nominee in 2016, claiming he wanted to wait until the next president was elected. Obama nominated Merrick Garland to fill the seat of the late Justice Antonin Scalia.

"Mitch McConnell and his henchmen believe that they can ram through a Supreme Court justice only 45 days from Election Day," Warren said.

Sen. Ed Markey, D-Malden, said if McConnell approves Trump's pick before Election Day, Democrats should "expand the Supreme Court" if they regain control of the Senate in November.

Markey's calls for court packing drew a sharp rebuke from many Bay State Republicans, who are rejecting Democrats' calls to let the winner of the presidential election make the pick.

Kevin O'Connor, a lawyer and GOP Senate nominee who is challenging Markey in the upcoming election, said if Trump nominates a replacement for Ginsburg, the Senate needs to act swiftly.

"The Senate has a constitutional responsibility that it needs to fulfill," O'Connor said. "It really is that simple."

Julie Hall, a former Attleboro city councilor who is running for Rep. Joe Kennedy's congressional seat, said she's "not in favor of either party stacking the deck" on the high court, but she said the law requires the president to act.

"The Constitution has clear guidelines about how we're supposed in these situations," she said. "The president has a constitutional duty to nominate someone."

Ginsburg, 87, died from complications of pancreatic cancer. Several news outlets reported that the longtime justice related to her granddaughter in her last days that her "most fervent wish" was not to be replaced on the court until a new president sat in the White House.

The vacancy gives Republicans the opportunity to tighten their grip on the high court. Trump's nominee would give conservatives a 6-3 majority.

Trump has devoted a good portion of his first term reshaping the federal judiciary, with the encouragement of groups advocating for more conservative judges.

He has also appointed two Supreme Court justices: Neil Gorsuch, who was confirmed by the Senate in 2017; and Brett Kavanaugh, who replaced Justice Anthony Kennedy in 2018, after facing sexual assault allegations and a bruising confirmation process.

Trump has also appointed and received confirmation for 51 appeals court judges and nearly 200 judges for federal district courts, according to the White House.

Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group's newspapers and websites. Email him at cwade@cnhi.com

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