Saturday, September 19, 2020

The Passing of Justice Ginsburg, Political Frenzy to Follow?

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The nation mourns the loss of Supreme Court Justice Ruth Bader Ginsburg, the legal and cultural icon and pioneer for equal rights for women.  She frequently been aligned herself on immigration cases with Justices Breyer, Kagan, and Sotomayor. 

Here is a summary of some of Justice Ginsburg's immigration cases.

In December 2018, Justice Ginsburg used her first public address after breaking three ribs to praise immigrants, saying that they play a “vital part” in cleansing the “stains” of discrimination from the country. Ginsburg made the remarks at a naturalization ceremony at the National Archives for 31 new citizens. Her remarks sharply contrast with President Trump's views on immigration. Standing before the original copy of the Constitution, Ginsburg acknowledged that many people, including women, people of color and Native Americans, had not always had equal access to their Constitutional rights, but that new immigrants can help to build a better future. “The Constitution sets out the aspiration to form a more perfect union,” Ginsburg said. “While we have made huge progress, the work of perfection is far from done. Many stains remain.” She noted that immigrants have historically been on the “vanguard” of the fight to combat discrimination, including the effort to abolish slavery. Justice Ginsburg also praised the efforts of immigrants:  “We are a nation made strong by people like you: people who travelled long distances, overcame great obstacles and made tremendous sacrifices, all to provide a better life for themselves and their families.”  Justice Ginsburg noted that she is herself the daughter and granddaughter of immigrants, acknowledging that the United States can be the “land of opportunity.” “What is the difference between a bookkeeper in New York City’s garment district and a Supreme Court Justice?” she asked. “One generation—my own life bears witness. The difference between the opportunities available to my mother and those afforded me.”

Expect a political feeding frenzy to follow if President Trump seeks to quickly fill Justice Ginsburg's seat before the election or before the possible inauguration of a new President.

On the night of Justice Ginsburg's passing, Fox News interviewed Dan Stein, president of the Federation for American Immigration Reform, an organization advocating restricting immigration.  Here are some of Stein's views on immigration.  Stein called for President Trump to appoint a replacement for Justice Ginsburg who shares his views on immigration and federal power over immigration.   He noted that it might be a long time before there would be an opportunity to put a Justice with such views on the Supreme Court.

KJ

https://lawprofessors.typepad.com/immigration/2020/09/the-passing-of-justice-ginsburg-political-frenzy-to-follow.html

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