On the recordSeptember 22, 2020
Reserving the right to object, this endeavor started with a resolution that the majority put forward that was intended to be a bipartisan resolution commemorating the life and service of Justice Ruth Bader Ginsburg. That follows the bipartisan tradition this body has followed in commemorating Justices when they have passed. Unfortunately, the Democratic leader has put forth an amendment to turn that bipartisan resolution into a partisan resolution. Specifically, the Democratic leader wants to add a statement that Justice Ginsburg's position should not be filled until a new President is installed, purportedly based on a comment made to family members shortly before she passed. That, of course, is not the standard. Under the Constitution, members of the Judiciary do not appoint their own successors. No article III judge has the authority to appoint his or her own successor. Rather, judicial nominations are made by the President of the United States, and confirmations are made by this body, the U.S. Senate. I would note that Justice Ginsburg was someone whom I knew personally. I argued nine times before Justice Ginsburg at the Supreme Court. She led an extraordinary life. She was one of the finest Supreme Court litigators to have ever practiced. She served 27 years on the Court, leaving a profound legacy. Justice Ginsburg understood full well that the position being put forth by the Democratic leader is not the law and is not the Constitution.…
Source
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