The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent


The Notorious RBG speaks on Trump's nominee


Over the summer, Justice Ruth Bader Ginsburg expressed dismay at the prospect of a Donald Trump presidency and the potential impact Trump nominees could have on the Supreme Court. She also expressed her desire that the Senate promptly fill the vacancy left by Justice Antonin Scalia's death.

In post-election comments, Ginsburg reaffirmed the latter position, suggesting that having a full nine-member Supreme Court is more important than the judicial philosophy of the ninth justice.

The New York Times reports:

Justice Ruth Bader Ginsburg, who once called Mr. Trump a "faker" who "has no consistency about him," said on Monday what she likely wanted to avoid: Mr. Trump will make the Supreme Court whole again.

"Most immediately our vacancy will be filled," she told a meeting of the Jewish Federations of North America at a Washington hotel. "President Trump will fill it."

She urged the Senate to act promptly on the president-elect's nomination to fill the vacancy created by the death of Justice Antonin Scalia. "Eight is not a good number," she said. At full strength, the court has nine members.

The Post's Robert Barnes has more here.

I expect President Trump will name a Supreme Court nominee rather quickly in the new year. Whether the Senate confirms the nominee rapidly will depend on whether Senate Democrats obstruct the process.