The obituary of one of the greatest Americans in history will have to wait. For now, tragically, we have to deal with the fact that we live in a state of perpetual constitutional crisis. Merrick Garland couldn’t be confirmed because an election may come in 250 some odd days. And yet Mitch McConnell will confirm Amy Coney Barrett to this Supreme Court slot in a lame duck session before losing the Senate because… reasons.
In a normal, rational Republic we would be honoring a woman who spent her life advocating for the ideals that America is — in its imagination at least — founded upon. A future of equal treatment under the law.
Unfortunately, we’re here… having to preempt this by pointing out that we’re about to have a railroad attempt to exact the final revenge of “Marbury v. Madison.” Andrew Jackson’s last win over Justice Marshall will be to pack the courts at the dying moment of his most recent mouthpiece’s ideology of backward supremacy the way Marshall tried to check Jackson’s. This shouldn’t be her legacy.
RIP Justice Ginsburg.
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.