Why the Supreme Court Seat Should be Filled After the Election


In Buckhead, Georgia protesters stand outside to demand a delay in the court nominee. Photographed by Glenn Westerfield

Nicole Powichroski

One of the most controversial political opinions in history have been basic human rights especially for women, POC, and the LGBTQIA community. One of the biggest voices in government for these minority groups was Supreme Court Justice Ruth Bader Ginsburg, who recently passed due to complications with cancer. Since her passing, a seat has opened in the Supreme Court that has caused much controversy. Knowing the likelihood of Trump not getting re-elected, he is rushing to put a Republican in the seat to ensure a more right-leaning court. This is unfair because the decision should have to wait until a new president is elected.


Currently President Donald Trump has nominated Amy Coney Barrett to fill RBG’s seat. In an already right-winged government this would put an uneven amount of Republicans to Democrats in the Supreme Court. This means when cases are brought to the court the likelihood of a right-leaning bias in decision making will become a harsh reality. Decisions such as overruling Roe v. Wade, once again criminalizing gay marriage, and less demanding gun laws are decisions many of the Republican seats have show favor toward.


Judge Barrett is known for implementing her religious views in decisions she makes. Due to her religious views women, the LGBTQ+ community, and other minority groups are in fear for their rights to be taken away. If Judge Barrett bases her opinion on a topic like abortion from her religious values instead of science many women’s rights can be stripped away that people have fought for years to obtain. She was also known for being hostile towards the LGBTQ+ community when not being in favor of legalizing gay marriage or refusing to correctly gender a transgender individual. Anchorage Daily News shares concern over her nomination by stating,  “Her nomination sets Barrett on the path to help conservatives hold sway over the court for decades. It’s as sure to energize the president’s base as it is to galvanize his foes heading to Election Day.” 

Sammy Caifano, sophomore, gave her opinion on the topic by stating, “To begin with RBG literally said ‘I will not be replaced until a new president is installed,’ this was her last wish and it should be followed through. Secondly in 2016 when Obama wanted to appoint the next Supreme Court justice to replace the one who passed away, he wasn’t allowed to do so. Senate Majority Leader Mitch McConnell said that the next judge was to be chosen by the next president who would be elected that year. This same precedent should be followed this time as well, because otherwise it is unjust and unlawful.” Her very detailed response shows the hypocrisy in not allowing the next president to appoint the new Supreme Court judge. 

The decision of the new Supreme Court judge should be a decision of the elected president like it has been in the past. In the polls, Joe Biden is currently winning, which puts him in a good position to be elected as president. Although Joe Biden refuses to answer questions on nominating a Supreme Court judge it is believed that he would elect a left-leaning individual to ensure a non-biased court. Having an equal amount of left and right-winged seats would ensure a completely unbiased court. Donald Trump wants to ensure his right-leaning government by filling the seat quickly without thought and placing an under-qualified, biased individual. No one should have to feel like their rights are in jeopardy because of someone going into power, but unfortunately many feel as if their ability to live freely is in the hands of other people.  In a true democracy it’s important to ensure the best possible opportunities for citizens. Human rights unfortunately has been politicized so much that basic ideologies are debates in people’s ability to live freely. Almost 100 years of power and improvement in the United States is in jeopardy all in the power of only a few individuals.

Many people were devastated by the death of RBG. Thoughts and reactions to her death are talked about in: (Hyper link to Katie Northerns’s article)