this post was submitted on 07 Jul 2024
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One of those could have been avoided if Ginsberg would have retired when she was supposed to.
When was she supposed to retire? Republicans didn't even hold a vote for Merrick Garland under Obama's presidency, so if your answer was during that term, then there'd be no chance she would have been replaced, and she'd be blamed for retiring too early.
Blaming Ginsburg for Republican fuckery is misguided and can only be justified with the benefit of hindsight, which she didn't have at the time.
Any time prior to 2015. The Democrats didn't lose their Senate majority until the 2014 elections.
She was supposed to have the foresight to assume that the six months or so when they had a majority (when they passed ACA) was the last time Democrats would have the slightest hope of appointing a new supreme court justice.
What a fool she was! Not knowing the future!
The house does not vote on judges. Only the Senate. Obama had a friendly Senate until Jan 2015. They could even have done it during the lame duck session. But in reality the Senate was widely forecasted to change control so she could have retired in the spring without controversy.
But they didn't have the supermajority necessary to overcome a filibuster anymore. Even the cloture rule enacted in 2013 excluded supreme court nominations.
And that would have been gone in a hot second if they blocked RBG's replacement. They removed exactly what they needed to confirm judges.
2009-2015 was a pretty big window dude.