The Allegory of the Trump Cave and RBG's obstinance affecting future pulse of US SC
The passing of maverick and Supreme Court Justice matriarch - Ruth Bader Ginsburg has led to a watershed moment in American politics, particularly, with the November election less than two months away. The Court has hearings scheduled regarding the termination of Obamacare in it's present form, and with a Republican majority of 5-3, the rumour is that Roe v. Wade will be, at least, modified, altering the woman's right to an abortion and affecting other pieces of future legislation.
There are those that hold that a fetus should not be terminated at all or, for some, in the early gestation period. While there is a strong argument on both sides of the issue, Roe v. Wade needs to stay intact. In doing so, the Democratic Party must stone-wall the Republican Party appointment of a new Justice before the November election. Storm the Senate, enable large protests, and filibuster. A Google search indicates that Strom Thurmond's failed attempts at stalling the Civil Rights Act of 1957 is the longest U.S. filibuster at 24 hours/18 minutes. A collective of Democrat and Republican senators need to coordinate a prolonged attack against the forceful nature of President Trump quickly appointing a new Supreme Court Justice in the aftermath of Justice Ginsberg's passing. A 6-3 Supreme Court in either Parties favour is a rubber stamp to pass or veto legislation. Republican Senator Marco Rubio of Florida said that America needs prayers now. I like Marco Rubio as he is moderate and is holding China's accountable with recent legislation: Hong Kong Human Rights & Democracy Act. My dream Republican ticket in 2016 was a John Kasich - Marco Rubio (President/Vice President) ticket. Alas, we have the the White House with The View operating through Twitter - a Republican version of one of Plato's seminal works -The Allegory of the Cave. As I watched the third day of the RNC (Republican National Convention) I had to turn it off after twenty minutes. All that was missing from the gathering were tin hats and pitchforks. Trump supporters were whooping it up on the hallowed grounds of The White House during a global pandemic that has cost 199,268 American deaths (John Hopkins September 20 7:15) while PPE masks were practically invisible. This election is about President's Trump's legacy as a two term President, at any cost. As a Canadian, I feel empathy for our neighbours south of the border. However, for the safety of Canadians, the U.S. - Canada border will remain closed to non essential travel, at least, until October 21, according to Minister of Public Safety - Bill Blair. Mr. Trump announced that he felt that the border would open soon, though, the end of 2020 seems, most likely. It would be pragmatic to keep the border closed until the Summer of 2021 to allow for a vaccine to wend its way through civilians on both sides of the border in order to build up an immunity to COVD 19.
I am a Tibetologist, and therefore, somewhat of a China - hawk. I appreciate Secretary of State Mike Pompeo and Defense Secretary Mark Esper's tough stance on China. It will be surprising to see a Biden Presidency carry on with the same tack opposing Chinese belligerece in the South China Sea, Tibet, Xinjiang, Mongolia, Hong Kong, and Taiwan. Xi Jinping needs to be reigned in by the international community now as Sino expansionist policies are turning East Asia into an empire for Xi to exploit a "One China" policy among China's neighbours in the region.
Most importantly for Americans, the spectre of democracy and human rights can be supplanted by the election of a Joe Biden Administration. Kamala Harris as Vice President will help bridge the gap with the loss of Justice Ginsburg. For Trump acolytes, once they step outside their cave and see the light, switching their allegiance on November 3, 2020 will ensure that democracy and American lives, in particular, are at the fore-front of basic human rights in America, and can be rightfully transmitted into the international community once again, by the United States.
A recent poll by Pew Research Centre found that a majority of Americans support the current legislation. Please see the chart below.
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September 28
Further to President Trump's appointing Amy Coney Barrett to replace Ginsberg, a recent NY Times piece by Emily Bazelon (Sept.21, 2020) notes that Ginsberg did not want to vacate her Seat on the Supreme Court "... Ginsburg’s love for what she called her “good job” — serving as a Supreme Court justice — and her focus on the representation of women help explain her decision to stay." Ginsburg allowed self - interest to supersede her Liberal views for personal interest and longevity on the bench. She might have brokered a deal with President Obama to retire with the stipulation that she has a strong voice in the appointment of her successor, a female with similar views, to maintain the Liberal balance. Roe v Wade may be affected because of her obstinance, legislation that she supported, though, was at odds with for procedural reasons. Alisha Gupta explains in her NY Times piece (Sept.21,2020) on Ginsberg's reasoning "The way Justice Ginsburg saw it, Roe v. Wade was focused on the wrong argument — that restricting access to abortion violated a woman’s privacy. What she hoped for instead was a protection of the right to abortion on the basis that restricting it impeded gender equality, said Mary Hartnett, a law professor at Georgetown University who will be a co-writer on the only authorized biography of Justice Ginsburg. RGB failed the political test to support the Democratic Party at the SC that will be felt across many issues for many years.
Chief Justice John Roberts - 65 R
Clarence Thomas - 72 R
Stephen Breyer - 82 D
Samuel Alito - 70 R
Sonia Sotomayor - 66 D
Elena Kagan - 60 D
Neil Gorsuch - 53 R
Brett Kavanaugh - 55 R
Amy Coney Barrett 48 R
Canadian Supreme Court Justices receive a mandatory retirement at age 75. Canadian Senators also face the same limit. The U.S. would be prudent to follow a similar tack to their Canadian neighbours.
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