Our RBG Has Died

Filed in Featured, National, Open Thread by on September 19, 2020

She tried so hard to make it through to the end of the Trump years.  Some of the most salient writing on her passing:

Justice Ginsberg’s History Of Striking Dissents.

RBG’s Thwarted Vision For America.

The Stakes For America.

Dems’ Choice: Go Nuclear.  Yes. This.

Rethugs: It’s All About The Supreme Court Now.  Yep, get covid off center stage.

There’s nothing else I want to talk about today. So this is the Open Thread as well.  Add your thoughts and other articles to this thread.

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  1. Jason330 says:

    The country had lost a true hero. I have nothing to say about Republicans today.

  2. delacrat says:

    If she was a “true hero”, she would have retired while the WH was D-party controlled and made room for another progressive.

    • puck says:

      I’m pretty tolerant of contrarian viewpoints but even I am offended by this delacrat comment.

    • Mitch Crane says:

      So, she should have been nominated instead of Merrick Garland? How did that work out?

      • johnnylt says:

        Dems had a Senate majority until 2015. She could have retired in 2014 after 20 years on the court *AT AGE 80*, but I guess her ego got in the way, so now her legacy is going to be wiped away by a right-wing hold on the Supreme Court for the next couple decades.

        • John Kowalko says:

          Not her “EGO” but certainly her courage and her sense of obligations and responsibilities to mankind. Unfortunately ” deep thinkers” such as you don’t have any excuse for your wayward conjecture that could be blamed on “ego”. Maybe you should try some appreciation for this magnificent human being and save your ill-considered criticisms for that orange infestation in the Whitehouse and those subhuman species of Republican Senators led by that mealworm McConnell.
          Representative John Kowalko

          • johnnylt says:

            ORANGE MAN BAD ain’t gonna save this SCOTUS seat, Rep.

          • delacrat says:

            “…her courage and her sense of obligations and responsibilities to mankind.” premised on her evident conviction that she was irreplaceable.

            I don’t know how you can argue that someone who dies in office of old age was not in office waay too long.

            If you look at the ages of people in the highest offices or candidates for the highest in the land

            Biden 78
            Trump 74
            Sanders 79
            Pelosi 80
            McConnell 78
            Schumer 69
            Clyburn 80

            It’s evident that the US is a gerontocracy because too many old-timers don’t or won’t know when to call it quits.

            • Alby says:

              No, it’s premised on her conduct in her job.

              SCOTUS justices serve life terms. Historically retirement has been the exception, not the rule. Dying in office is not at all unusual.

              It is a gerontocracy, all right, but perhaps wouldn’t be if younger people got out and voted at the same rate as boomers.

              • Eric says:

                It’s a fair question, with legitimate arguments on both sides, whether this crisis could have been avoided if Justice Ginsburg had retired earlier. Scholars and pundits have been debating this for nearly a decade. Asking the question in no way tarnishes her extraordinary legacy.

                As far back as 2011, Harvard Law professor Randall Kennedy publicly urged Ginsburg to retire so that President Obama could secure the seat before the end of his first term. The calls became louder in 2014 when it became apparent that the Republicans were likely to take back the Senate. As the liberal dean of UC-Irvine Law School presciently asked, “If the Republicans take the Senate in November, President Obama’s ability to pick a successor would be greatly constrained. If a Republican wins the presidency in 2016, a conservative would then be taking her place.”

                The Notorious RBG was a brilliant jurist, but notoriously naive about politics. She insisted with certainty that a Democrat would win the presidency in 2016. In 2014, she rhetorically asked Supreme Court reporter Joan Biskupc, “Tell me who the president could have nominated this spring that you would rather see on the court than me?” A fair question, but also perhaps evidence of egotism, or at least hubris?

                Alby, your facts are just plain wrong. Of the vacancies on the Court during the last century, 40 resulted from retirements or resignations, and only 13 occurred because a justice had died. The average retirement age was 76 years old.

              • John Kowalko says:

                “Notoriously naïve about politics” for presuming a Democrat would win the presidency in 2016? Really? Politically naïve to be unaware that a lunatic would rise from the darkness of corporate fascism, and with the aid of Russia, Wall Street (and supported by conspiracy theorists and white supremacists) steal an election. You’re freaking insane if you want to claim that you saw that coming. Don’t try to blame these circumstances America finds itself in on this courageous woman. Try blaming all of the “silence of the lambs” Democratic Senators and leaders and people like yourself who have watched four years of tyranny, hatred, racism and lies perpetrated by a treasonous sociopath despoil our heritage. Blame it on the McConnells, Grahams and other slimy self-preservationists enablers of this traitor. Don’t dare try to blame one of the most honest and effective intellects that the Supreme Court has had.
                Representative John Kowalko

              • Alby says:

                He didn’t ask the question. He disguised his opinion as a statement of fact. It’s what he always does.

                As I pointed out in another response, the filibuster was still in place for the Supreme Court.

                I confess I didn’t research the rate of retirement vs. death. I took it from this study, which is based on the court’s entire history, not just the past century. You are correct that retirement is now more frequent.

                “Although 44.5% of all justices have died in office and 47.3% have retired from office, death in office occurs in 2.6% of justice-years, and retirement occurs in 2.8% of justice-years.”

                As the study notes, retirement is most likely to happen during a president’s first two years in office.

            • John Kowalko says:

              No, it’s premised on her conduct in her job.
              No, it’s premised on her conduct in her job.
              No, it’s premised on her conduct in her job.
              No, it’s premised on her conduct in her job.
              Exactly.
              Now Scalia croaking at an even younger age was a sort of poetic justice. “Sometimes the bad die young”
              Representative John Kowalko

              • delacrat says:

                You think RBG at 8 years beyond the average life span was the most objective judge of “her conduct in her job” and maybe, just maybe… she just thought she was irreplaceable.

              • Alby says:

                Maybe she did think that, but that’s not what you said. You slagged her for not retiring and blamed it on her ego.

                You’re a troll, and you’ll be treated as one.

          • No Socialism says:

            Do you donate your salary?

        • Alby says:

          On November 21, 2013, Senate Democrats used the so-called “nuclear option,” voting 52–48 — with all Republicans and three Democrats opposed — to eliminate the use of the filibuster on executive branch nominees and judicial nominees, except to the Supreme Court.

          How soon we forget.

          The way you jumped to blame her demonstrates misogyny.

  3. RSE says:

    Hillary Clinton on Meet The Press right now taking credit for creating RBG.

    • Alby says:

      Doesn’t take much to trigger you, does it.

      • RSE says:

        Trigger a good laugh, I suppose.

        • Alby says:

          You watch this infotainment shit for laughs? Jesus, get a life.

        • Mitch Crane says:

          She did not “take credit for creating RBG”. She knew RBG because they, as lawyers, had both worked on women’s equality and children’s issues. There was a vacancy on the Supreme Court and Bill Clinton had asked NY Governor Mario Cuomo to fill it. Cuomo declined. While discussing possible nominees Hillary suggested to Bill that he consider RBG, who was on the US Circuit Court of Appeals, having been appointed by Jimmy Carter. When Bill didn’t seem overly enthused, Hillary suggested RBG and Bill meet. RBG was invited to the White House and Bill was extemely impressed during their discussion of constitutional law. He nominated RBG soon after.

          That is what Hillary said on “Meet the Press” this morning and that is the account that has been reported repeatedly over the last two decades