# Ruth Bader Ginsburg has passed away

**URL:** <https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957>\
**Category:** Politics & Elections\
**Created:** [September 18, 2020, 11:34pm UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957 "2020-09-18T23:34:43Z")\
**Posts on this page:** 20\
**Page:** 6

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**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\
**Post date:** [September 19, 2020, 1:10am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/102 "2020-09-19T01:10:01Z")

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> [@DeadTreasSecretaries](#):
>
> It’s pretty pointless to look back, but the second guess would be if she retired while the Dems still had a senate majority.

Human beings die at all ages.

There is no way that RBG, back in Obama’s first two years, could have known she’d die just before the 2020 election.

All these feelings of anger at RBG might better be directed at the US system which against all common sense lets Justices serve for their lifetimes. Civilized nations have term and/or age limits for their supreme courts. We should too.

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**Author:** ![aurora\_maire](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aurora_maire/32/328_2.png) [@aurora\_maire](https://boards.straightdope.com/u/aurora_maire)\
**Post date:** [September 19, 2020, 1:11am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/103 "2020-09-19T01:11:20Z")

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> [@DeadTreasSecretaries](#):
>
> Oh sorry. I think Republican voters are probably going to be more energized to vote if the seat is open, and there probably are some single-issue abortion voters who will suck up whatever negative things they think about Trump if there’s a definite SC seat up for grabs in addition to the possible Breyer seat.

But having the seat open before the election doesn’t really matter because Trump will still appoint someone before January if he loses. But, then again, I don’t expect Trump fans to parse that.

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**Author:** ![DeadTreasSecretaries](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deadtreassecretaries/32/4817_2.png) [@DeadTreasSecretaries](https://boards.straightdope.com/u/DeadTreasSecretaries)\
**Post date:** [September 19, 2020, 1:12am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/104 "2020-09-19T01:12:30Z")

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> [@Dogginit](#):
>
> Ah, the Dems would, too, if the shoe were on the other foot. I’m a lifelong conservative, but even I don’t welcome this news, as soon as I heard it I knew McConnell would develop a severe case of amnesia, and was confirmed 5 minutes later. I have no predictions, many of the scenarios here are entirely too plausible and possible, I don’t know if Vegas would try to make odds on any particular outcome. Liberal or not, RBG was a lady of honor, I’ve enjoyed reading her opinions, and I think the country has lost a great legal asset. Anyone appointed by Trump will be a hollow shell, I’ve seen the list, none of them impress.

I agree. I don’t really get mad at McConnell for breaking legislative norms. I get more mad at the Democrats for playing by rules that the GOP doesn’t play by rather than fighting to win and improve the lives of Americans.

I just don’t think people should get their hopes up about McConnell blocking a SCOTUS nomination because of his personal election - I don’t think he is all that important.

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**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [September 19, 2020, 1:14am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/105 "2020-09-19T01:14:16Z")

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> [@DeadTreasSecretaries](#):
>
> I get more mad at the Democrats for playing by rules that the GOP doesn’t play by rather than **fighting to win** and improve the lives of Americans.

My bold.

By that do you mean “fighting dirty”?

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**Author:** ![BippityBoppityBoo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bippityboppityboo/32/5745_2.png) [@BippityBoppityBoo](https://boards.straightdope.com/u/BippityBoppityBoo)\
**Post date:** [September 19, 2020, 1:14am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/106 "2020-09-19T01:14:18Z")

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> [@Shoeless](#):
>
> This. Democrats need to sweep on election day, then expand the SCOTUS to 15 members. Hell, throw in a nomination for one of the Obamas, just to really piss off the right.

Why not both of the Obamas? It wouldn’t be the first time they worked together.

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**Author:** ![DeadTreasSecretaries](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deadtreassecretaries/32/4817_2.png) [@DeadTreasSecretaries](https://boards.straightdope.com/u/DeadTreasSecretaries)\
**Post date:** [September 19, 2020, 1:19am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/107 "2020-09-19T01:19:22Z")

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> [@ThelmaLou](#):
>
> By that do you mean “fighting dirty”?

Yes, more or less. There are some bridges I wouldn’t cross such as election integrity, but if there’s a way that works technically in the rules to help Americans you should do it even if it’s slimy. If they end up with the Presidency and both houses of Congress they should nuke the filibuster. If they wind up in a future situation with a Republican president and a Democratic senate, they should block SCOTUS nominees.

I am very ambivalent about court-packing however, and I think that might be too far - plus it has the problem that it doesn’t actually accomplish anything long-term.

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**Author:** ![tim-n-va](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tim-n-va/32/3001_2.png) [@tim-n-va](https://boards.straightdope.com/u/tim-n-va)\
**Post date:** [September 19, 2020, 1:20am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/108 "2020-09-19T01:20:13Z")

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“Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.”

That was McConnell’s quote. The caveats made me wonder, has there ever been a Supreme Court vacancy in a presidential election year when the opposite party controlled the Senate?

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**Author:** ![BippityBoppityBoo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bippityboppityboo/32/5745_2.png) [@BippityBoppityBoo](https://boards.straightdope.com/u/BippityBoppityBoo)\
**Post date:** [September 19, 2020, 1:20am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/109 "2020-09-19T01:20:46Z")

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> [@Pork\_Rind](#):
>
> _One_ of the Obamas? Hell, justo really rile 'em up let’s put all _four_ of them on the bench.

Dang! I wish I had thought of all four of them. No minimum age requirement and you don’t need a law degree.

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**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [September 19, 2020, 1:23am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/110 "2020-09-19T01:23:53Z")

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Hundreds gather outside the Supreme Court to pay tribute (video in tweet).

> <https://twitter.com/Laura_Figueroa/status/1307126289740988418>

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**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\
**Post date:** [September 19, 2020, 1:24am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/111 "2020-09-19T01:24:49Z")

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One thing’s for sure: Voter turnout is going to be sky-high on both sides because of this.

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**Author:** ![Morgyn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/morgyn/32/3041_2.png) [@Morgyn](https://boards.straightdope.com/u/Morgyn)\
**Post date:** [September 19, 2020, 1:26am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/112 "2020-09-19T01:26:26Z")

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> [@Sherrerd](#):
>
> By the time of your story, with Ginsberg saying ‘who are you going to get,’ there was no way for an Obama-nominated judge to get the 60 votes needed (recall that use of the ‘nuclear option’ didn’t happen until the Gorsuch confirmation, in 2017).

I think they don’t need 60 votes anymore. I think Harry Reid made seating justices a strict up or down vote in order to get past Republican filibustering and obstructionism. I was worried about that at the time but I also didn’t see another viable choice.

Which means the GOP wins on pure majority.

But hey, Romney is already saying he won’t vote to seat a justice until after the next inauguration. Now of course I can’t find where I read that.

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**Author:** ![psychobunny](https://avatars.discourse-cdn.com/v4/letter/p/54ee81/32.png) [@psychobunny](https://boards.straightdope.com/u/psychobunny)\
**Post date:** [September 19, 2020, 1:26am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/113 "2020-09-19T01:26:30Z")

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I just wanted to say that my parents were in law school with her and they remained friendly if not very close throughout her life. They have never had anything but good things to say about her. She was not only a great judge, she was also a nice person who helped my parents transition when they moved to DC. The last time I saw her she was the featured speaker at a religious service but went out of her way to stop my mother and chat when they passed in the hall.  
FWIW, I don’t recommend stacking the court. I have no doubt McConnell will force a vote but you never know how judges will act once they are actually on the court. I just hope for a judicial scholar and not a political hack.

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**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\
**Post date:** [September 19, 2020, 1:27am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/114 "2020-09-19T01:27:23Z")

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> [@DeadTreasSecretaries](#):
>
> I just don’t think people should get their hopes up about McConnell blocking a SCOTUS nomination because of his personal election - I don’t think he is all that important.

I don’t think I’ve ever before seen anyone claim (or even imply) that Mitch McConnell is selfless.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 19, 2020, 1:30am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/115 "2020-09-19T01:30:24Z")

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> [@DeadTreasSecretaries](#):
>
> plus it has the problem that it doesn’t actually accomplish anything long-term.

Sure it does - it makes it even more crystal clear that SCOTUS is dead as a non partisan institution, and if we as a country want to resurrect it, we need to fundamentally change how justices are chosen, such that the political stakes are eliminated.

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**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\
**Post date:** [September 19, 2020, 1:32am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/116 "2020-09-19T01:32:41Z")

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> [@Morgyn](#):
>
> > [@Sherrerd](#):
> >
> > By the time of your story, with Ginsberg saying ‘who are you going to get,’ there was no way for an Obama-nominated judge to get the 60 votes needed (recall that use of the ‘nuclear option’ didn’t happen until the Gorsuch confirmation, in 2017).
> 
> I think they don’t need 60 votes anymore. …

That’s right, but at the time of the interview with RBG in the news story posted by the person I was replying to—2014—the rule for SCOTUS confirmation votes was still ‘minimum of 60 votes.’ So that’s what I was talking about.

You’re right about Reid going to ‘simple majority’ for judicial nominees (though not explicitly for SCOTUS); then in 2017 as I’d mentioned, the Republicans went ‘simple majority’ for Justices, too.

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**Author:** ![Lightnin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lightnin/32/180_2.png) [@Lightnin](https://boards.straightdope.com/u/Lightnin)\
**Post date:** [September 19, 2020, 1:33am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/117 "2020-09-19T01:33:06Z")

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> [@Morgyn](#):
>
> I think Harry Reid made seating justices a strict up or down vote in order to get past Republican filibustering and obstructionism.

… specifically _excluding_ Supreme Court Justice nominees. That addendum was all Mitch McConnell. Reid’s change was just the figleaf they used- if the Dems hadn’t made that change to get around Republican obstructionism, the Republicans would’ve.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [September 19, 2020, 1:33am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/118 "2020-09-19T01:33:33Z")

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> [@Morgyn](#):
>
> I think they don’t need 60 votes anymore. I think Harry Reid made seating justices a strict up or down vote in order to get past Republican filibustering and obstructionism. I was worried about that at the time but I also didn’t see another viable choice.

Harry Reid exercised the “nuclear option” to eliminate the filibuster on all presidential nominees except for Supreme Court justices. As mentioned, McConnell extended that to Supreme Court nominations with the Gorsuch confirmation.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [September 19, 2020, 1:34am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/119 "2020-09-19T01:34:49Z")

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Wow, beaten by two people making my same reply. This may be the most active the board has been in a decade.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [September 19, 2020, 1:39am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/120 "2020-09-19T01:39:14Z")

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May she rest in peace. A pioneer of American women’s rights under the law, a legendary jurist and a heroine of mine. She will be missed.

And now, unfortunately, the vacancy on SCOTUS will become a political football of the first magnitude. A friend shared a tweet with me: “Who would have thought that the Constitution needed an 87-year-old load-bearing woman?”

It may be that just enough Republican senators in tight races will feel sufficient public pressure not to move forward in filling the vacancy that the seat will remain open until after the election. I bet we’re going to be hearing the name of Merrick Garland a lot in the next few months…

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**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\
**Post date:** [September 19, 2020, 1:44am UTC](https://boards.straightdope.com/t/ruth-bader-ginsburg-has-passed-away/920957/121 "2020-09-19T01:44:58Z")

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I agree. Gorsuch may be conservative, but he seems to be the real deal in that regard, not just some hack appointed for his political views.

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