Five Ways Justice Ginsburg’s death will affect the Supreme Court before her successor is confirmed.
A few moments ago, I posted my statement about Justice Ginsburg’s death. Here, I would like to discuss how her passing will affect the Supreme Court before her successor is confirmed.
First, there are now only eight Justices. As a result, any emergency applications will find the Court short-handed. The Roberts Five will still be able to stay a liberal lower court ruling. But the Ginsburg Four Roberts will no longer able to stay a conservative lower court ruling. Roberts would have to persuade another Justice, probably Kavanaugh, to cross over. A four-four tie will leave the lower-court ruling in place.
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