Business Law

Response Paper 1
By: Maida Tahir
21110034

What is the impact of the death of Justice Ruth Bader Ginsburg on US law and politics?

In September 2020, the US mourned the tragic loss of one of the most influential feminists and
political icons to serve in the Supreme Court, Justice Ruth Bader Ginsberg. Having been
nominated by Bill Clinton, Ginsberg was famous for being the second ever woman to serve on
the Supreme Court. As one of the few judges on the court to serve on the liberal wing, she was a
well-known advocate for women’s rights and equality, having fought for and won a number of
cases during her tenure on the Court. Keeping in mind the current political situation in the US,
with Trump’s tenure coming to a possible end and with the competition between him and Biden
intensifying, it is safe to say that the death of one of the most prominent faces in US Law will
impact the dynamics of the nation’s politics in several ways.
One significant issue resulting from Ginsberg’s loss is that the vacancy of a liberal seat on the
Court does not go in favor of the liberal wing. During the life of Ruth Bader Ginsberg, the US
Supreme Court was operating on a 5-4 divide in terms of conservatives versus liberals, with the
former enjoying a slight majority. With Ginsberg’s loss, there has been much debate on how
drastically this will impact the legal system. Should the current president, Trump, nominate a
candidate to fill this vacancy before his tenure ends, the general public’s most imminent fear is
that the most likely candidate will be Amy Coney Barrett, a judge who has publicly supported
the conservative wing[ CITATION Ant20 \l 1033 ]. The addition of a conservative candidate will
serve to create a further imbalance in the panel, with conservatives enjoying a majority of 6-3.
Given the timing of Ginsberg’s death and with elections right around the corner, such a change
in the balance of the Court will have a sufficient impact on the way US law shapes society. The
loss of a liberal justice entails that, regardless of whether Trump decides to have the seat filled in
his current tenure, the court seems destined to remain a conservative majority for the next term.
Following this, decisions and opinions on major social issues from racial discrimination to
LGBTQ rights to even gender equality are bound to undergo massive change, potentially setting
back the work of the liberal movement by years. Issues such as the abortion law may become
overly politicized and be used as leverage for votes, and the female vote-bank may be severely
affected – possibly tipping in favor of the Republican party after a rather stable time
period[CITATION USN20 \y \l 1033 ]. Thus, we see how the death of Ginsberg makes ways for the
Republican party to sway votes their way and potentially erases the liberal influence that took
decades to bring to life.
Works Cited
News, U. (2020, September 9). Supreme Court Fight After Ginsburg's Death Energizes Women
Voters on Both Sides. Retrieved from haaretz.com: https://www.haaretz.com/us-
news/supreme-court-fight-after-ginsburg-s-death-energizes-women-voters-on-both-sides-
1.9171499
Zurcher, A. (2020, September 19). Ruth Bader Ginsburg's death sparks political firestorm.
Retrieved from bbc.com: https://www.bbc.com/news/election-us-2020-54215483