What Ginsberg’s Vacancy Means
On Friday September 18th, the nation mourned the loss of Supreme Court Justice Ruth Bader Ginsberg who championed women’s rights as the liberal wing of the Court. In the time since her passing, the Republican-led Senate is moving swiftly to confirm a Supreme Court Justice, this being the second during Donald Trump’s first term in office. Though not unprecedented, the vacancy left by Ginsberg raises a similar issue from the 2016 Presidential Election year, wherein President Obama was barred from selecting a new associate justice at the time of Scalia’s death. Spearheaded by Republican majority leader Mitch McConnell, this dissent created an eight month postponement of selecting a Justice because of a little known Biden Rule.
This “rule” taken from a 1992 speech on the Senate floor argued “the Senate Judiciary Committee should seriously consider not scheduling confirmation hearings on the nomination until after the political campaign season is over.” McConnell utilized this language to delay the appointment of Merrick Garland and when Trump was elected he appointed Brett Kavanaugh.
Now in 2020, the Senate-majority leader is claiming that this scenario is different because the Senate and the Presidency are held by the same party, which wasn’t the case when there was a vacancy in the last year of Obama’s presidency. This justification relies on the already polarized political climate as well as the Senate’s new rules of a simple 51-vote majority to select a new Supreme Court Justice. This simple majority allows the Republican-led Senate unprecedented ease to select the next generation of judiciaries the highest court in the land.
COVID19’s Legal Implications
The Senate Judiciary Committee recently discussed whether Congress should shield employers from COVID-19 lawsuits as the country starts to reopen. The hearing was prompted after Senate Majority Leader Mitch McConnell called for broad immunity that would absolve companies from liability for charges that their actions contributed to COVID-19 deaths and injuries. McConnell said a tidal wave of personal-injury lawsuits made the protection necessary.
However, Judiciary Committee member Richard Durbin confirmed that of the roughly 1,000 COVID-related lawsuits, just 27 were for personal injuries and nine were for medical malpractice—numbers which may very likely rise as businesses begin to reopen. Employers should anticipate this new reality by closely following the Senate Judiciary’s deliberations while also implementing protective policies and procedures. So too should insurance companies who will experience a rush of coverage-related COVID-19 filings.
Mercer’s Young Professionals Shine in Face of Floyd Tragedy
Several Mercer County African American professionals organized a peaceful march in honor of George Floyd. Their combined efforts and call to action via social media created a space for over 1,500 people to show up and march with them in Trenton, New Jersey. Protesting is as American as apple pie, most significant changes in our country’s history were made out of the calls to action from individuals and organizations like these.
Additionally, the emphasis on peaceful protesting nationwide helps foster a sense of community within this movement. Mercer County community leaders embraced the new wave of activists coming in and doing something positive. The range of county residences illustrated the many shades, intersections, and people who love their state and want it to become a beacon for real change. While speeches echoed in the state library pavilion, organizers weaved through the crowd to register voters. Tangible change begins at the individual level and the City of Trenton one of the first in the state to take to the reigns to rally the city and hold elected officials accountable.