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Thoughts and ideas from Law offices of Gilbert C Parris

After Justice Ginsburg’s passing, what can we expect from her replacement?

justice ruth ginsburg

Speculation over Ruth B. Ginsburg’s replacement has been of great concern since her passing last month.  The media purports that the people want the presidential election to conclude before filling Ginsburg’s seat.  However, President Trump has already made his nomination for Ms. Amy Coney Barrett, a conservative federal appeals court judge.   Given the issues at hand to be decided in the coming months, a conservative judge is an option most feared.

On November 10th, the Supreme Court will vote on The Affordable Care Act also known as Obamacare.  Obamacare has seemingly helped many Americans get coverage when they otherwise would not through their employer.  This has been a topic of debate for quite some time; keep Obamacare or scrap it.  Many believe Coney would dissent to keeping it.

Other topics subject to the Supreme Court vote are abortion, juvenile sentencing, and police prosecution.  It should go without saying that there is a certain demographic of people who suffer the most disparities among these topics.  Will that demographic get the justice they seek from the system with RBG out?

It is important that the Supreme Court fill Ginsburg’s seat with someone who may have shared her views upon the law but many do not believe Barrett to be that person.  For instance, we can speculate that due to recent comments that Barrett does not have the same heart of the crusade that Ginsburg had.  She recently stated, “A judge must apply the law as written.”  And “Judges are not lawmakers.”  These statements give insight to the strict way in which Barrett approaches enforcement of the law.

To avoid a 4 to 4 voting tie, the Supreme Court needs a ninth vote.  The Court has some very important decisions to make in the weeks to come.  From the talking heads on the news to the people marching in the streets, they all want to know:

  1. Will the police be punished for shooting unarmed citizens and unjustly using excessive force?
  2. Do I still have constitutional rights if I am injured during police pursuit but was never detained?
  3. Does a minor with a life sentence deserve another chance?
  4. If an immigrant commits a minor crime should that warrant deportation?
  5. Are the people incarcerated worthy of protection during the pandemic?

These are the decisions on Ginsburg’s agenda that need to be addressed in her absence.  With her there, the people felt confident that these liberal issues will be effectively resolved.  With her gone and a possible conservative in her place, they feel uncertainty.  According to CNN, Amy Coney Barrett is set to accept or decline her nomination, today, October 12th.