Supreme Court Justice Ruth Bader Ginsburg

By Glynn Wilson –

U.S. Senator Doug Jones of Alabama and other Senators returned to Washington this week to face a power play by President Donald Trump and Senate Majority Leader Mitch McConnell over the Supreme Court seat left open by last week’s death of popular liberal Justice Ruth Bader Ginsburg at 87.

“I’m saddened – though not surprised – by how quickly this has turned into a political power play by Trump and McConnell,” Senator Jones said in a campaign statement. “It not only dishonors the legacy of an American icon, it distorts the Constitutional process – a deliberate process that the Senate has always used to uphold the independence of our judicial branch.”

Justice Ginsburg’s strength was defined as much by what she stood against as what she stood for, Senator Jones said.

“She agreed that my friend and fellow Alabamian Lilly Ledbetter should earn equal pay for equal work, years before Congress saw the light,” he said. “And here in Alabama, she dissented from the majority on Shelby County v. Holder, because she understood – like we all do – that voter suppression is a serious threat to our democracy.”

This is a time to reflect on the life and legacy of Ruth Bader Ginsburg, he said, “to honor the barriers she broke and those she helped break for others. She always fought for equality and civil rights, even and especially when she was outnumbered.”

She stood for what was right and for the constitutional principles of equality and democracy that she held dear, he said, even if it meant she was in the minority on the Court.

“She knew we are on the verge of a crisis for our democracy,” he said, when in her final wish, she said: “My most fervent wish is that I will not be replaced until a new president is installed.”

But Trump and McConnell have other plans, he said, already engaging in politics over the Supreme Court before her fans have had a chance to mourn and honor her legacy as she is set to lie in state outside the Capitol this week.

“He is systematically dismantling the rules of the Senate,” Jones said of McConnell, who refused to even hold hearings or a vote on President Obama’s nominee for the court in 2016 six months before that election.

“He’s changing the rules to fit his own agenda,” Jones said. “His hypocrisy is the reason people have lost faith in Washington. And having a rubber stamp like Tommy Tuberville will make it even easier for McConnell.”

Senate Seats Up for Grabs

So much depends on this Senate seat, he said, with a six vote majority by the Republicans on the line in November. If Jones can hold onto the seat in Alabama where he faces a Trump-endorsed former Auburn football coach, Tommy Tuberville, and Democrats are able to pick up three or four other states, the Democrats could gain the majority. If the Democrats win the presidency, they will also control the potential tie-breaking vote in the Vice President.

The Republican Party holds a 53-seat Senate majority now. Democrats hold 45 seats, and there are two independents who caucus with the Democrats, so it’s really a 53-47 vote margin, with a tie-breaker in the Vice President, a seat now held by the Republicans.

Battleground states where Democrats have the best chance at picking up seats are Arizona, where Trump is increasingly unpopular, along with Colorado.

To control a majority in the Senate, the Democrats need to pick up a seat in at least one more state, perhaps North Carolina, Maine, Iowa or Georgia. Other states that could flip for the Democrats include Alaska, Kentucky, Montana, Michigan, South Carolina or Texas.

Republicans are defending 23 seats while Democrats are defending only 12 in November, making the odds go against the Republicans and more likely that they will lose vulnerable seats.

“Our win in November will be a defeat of Mitch McConnell’s hypocrisy and cynicism,” Jones said. As Justice Ginsburg said in 2015, he pointed out: “Waste no time on anger, regret or resentment, just get the job done.”

Ballotpedia

Washington Post

Other Senators Respond

Sen. Lisa Murkowski (R-Alaska) said in a statement Sunday, “For weeks, I have stated that I would not support taking up a potential Supreme Court vacancy this close to the election. Sadly, what was then a hypothetical is now our reality, but my position has not changed.”

Sen. Susan Collins (R-Maine) said in a statement Saturday, “In fairness to the American people, who will either be re-electing the president or selecting a new one, the decision on a lifetime appointment to the Supreme Court should be made by the president who is elected on November 3.”

Sens. Mitt Romney (R-Utah) and Cory Gardner (R-Colo.) have not yet indicated their positions. Both are moderates, and Gardner is facing a difficult re-election race.

Democratic Party Nominee for President Joe Biden also responded.

“We need to de-escalate, not escalate,” Biden said. “So I appeal to those few Senate Republicans, the handful who really will decide what happens: Please, follow your conscience. Don’t vote to confirm anyone nominated under the circumstances President Trump and Senator McConnell have created. Don’t go there.”

“The last thing we need is to add a constitutional crisis that plunges us deeper into the abyss, deeper into the darkness,” he added.