Government,
Letters,
U.S. Supreme Court
Sep. 29, 2020
Column on RBG’s death ignores recent history
In his Sept. 25 guest column, Ben Feuer makes the dramatic pronouncement that “[Justice Ruth Bader] Ginsburg’s death could spark an extraordinary legitimacy crisis at the Supreme Court.”
In his Sept. 25 guest column, Ben Feuer makes the dramatic pronouncement that "[Justice Ruth Bader] Ginsburg's death could spark an extraordinary legitimacy crisis at the Supreme Court." The basis for Feuer's claim is that Donald Trump did not obtain a majority of the popular vote, and thus does not have the mandate to make Supreme Court appointments.
Putting aside the clichés that we live in a republic, not a democracy and that Trump has the constitutional authority to fill Justice Ginsburg's seat, Feuer's argument collapses when it is examined in the light of recent history.
In 1992, Bill Clinton garnered only 43% of the popular vote. Within a year of taking office, Clinton nominated, and the Senate confirmed, two avowedly progressive Justices -- Ruth Bader Ginsburg and Steven Breyer. Were those appointments illegitimate?
President Trump was elected with 46.4% of the popular vote, well in excess of Clinton's 1992 score. It's seems that Feuer's disdain of President Trump has blinded him to historical precedent.
-- Jacques Beugelmans
Los Angeles
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