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Could There Be Another Ginsburg?


I’m not quite as pessimistic as Ruth Bader Ginsburg is about the possibility of someone with her record being confirmed to the Supreme Court again. I do agree with Carmon and Millhiser that it’s hard to imagine Ginsburg being confirmed under the same circumstances she was — not only with a Republican Senate but with the recommendation of the chair of the Judiciary Committee.* I do think that Ginsburg could be confirmed in a Senate under Democratic control, although that’s partly because her record was an appellate judge was actually quite moderate. At any rate, it is striking how much the context for judicial nominations has changed.

*A commenter is correct; the Democrats controlled the Senate when RBG and Breyer were appointed; Hatch simply agreed to let her go without substantial opposition.  Obviously, that wouldn’t happen today, but it’s possible that she could be confirmed under those circumstances…


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