Next steps for empty SCOTUS seat ahead of election

Colleagues and the public mourn the death of US Supreme Court Justice Ruth Bader Ginsburg....
Colleagues and the public mourn the death of US Supreme Court Justice Ruth Bader Ginsburg. (Source: CNN)
Updated: Sep. 19, 2020 at 1:10 PM CDT
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NEW ORLEANS, La. (WVUE) - Elected officials and current and former presidents regardless of political affiliation paused to honor the life of Ruth Bader Ginsberg on Saturday and her 27 years of service on the SCOTUS bench, something FOX 8 political analyst Mike Sherman says is a testament to her integrity.

“She was at times larger than the court itself, and became a cultural icon in addition to a supreme court justice," said Sherman.

Now, a list of potential nominees to replace Ginsburg is already being floated by President Trump and Senate Majority leader Mitch McConnell.

Sherman says those forces will likely waste no time in appointing a new judge.

“The senate has historically been a place that pushed Supreme Court justices towards the center because it took a super majority of 60 votes to confirm a nominee.”

“But now it takes just a president and 51 votes in the Senate to confirm a supreme court justice.”

If the nomination isn’t decided by November, and even if Donald Trump were to lose the presidency to Joe Biden, Sherman says the president could still use those two and a half months before the new term to fill the supreme court seat.

“But it is election season and there are several of those Senate Republicans who are in very close battles and appointing someone too conservative could jeopardize their chances for re-election," said Sherman.

“I think that’s the political element at play here. It’s an intrarepublican battle, not a republican/democratic battle.”

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