As long as Ruth Bader Ginsburg remains on the Supreme Court, President Trump and all conservatives share a common goal. If she is to be replaced with another Gorsuch/Kavanaugh, Donald Trump must win reelection. This is as important as the vacant Scalia seat was in 2016, and could be as consequential. Constitutional conservatives who reluctantly voted for Trump, because of that vacancy, may have been a deciding factor in his election. They could be again four years later.
Chief Justice Roberts is showing signs of softening. He appears to be ready to fill the role of The Moderator, recently vacated by Justice Kennedy. As Justice Thomas has stated, stare decisis should not impede the return of constitutional jurisprudence. Thomas needs a fifth vote, and Roberts cannot be relied on. Another justice in the mold of Gorsuch or Kavanaugh would do the trick. With one more vote, Thomas-Alito-Gorsuch-Kavanaugh can begin restoring the foundations of constitutional liberty.
For the very first time, the 85 year old RBG will miss oral arguments. Trump tweeted her a “full and speedy recovery.” For once, we know he was sincere. If he were to replace her in his first term, he would lose a powerful argument for his reelection. The health of Justice Ginsburg is one thing that all Americans can agree on.
One can only wonder what Ginsburg would do if Trump were reelected. Tough it out for four more years, when she’d be 91? If she did, and succeeded, her seat would be an issue in 2024.
So join me in dedicating a chorus of the Polish version of Happy Birthday — “Sto lat”, to Justice Ginsburg, “Good luck, good cheer, may you live a hundred years.”
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