³ÉÈËXÕ¾

DAVE ROSS

Former WA Attorney General assesses fallout of RBG’s vacant Supreme Court seat

Sep 21, 2020, 10:07 AM | Updated: 11:25 am

Ruth Bader Ginsburg, Supreme Court...

Kelli Midgley, an English teacher from Baltimore, joins people gathered at the Supreme Court to honor the late Justice Ruth Bader Ginsburg. (AP Photo/J. Scott Applewhite)

(AP Photo/J. Scott Applewhite)

Following the death of Ruth Bader Ginsburg over the weekend, many eyes in Washington, D.C., have turned toward the future of the Supreme Court, and what might happen with her seat now vacant.

Former Washington State Attorney General Rob McKenna stopped by Seattle’s Morning News on ³ÉÈËXÕ¾ Radio to weigh in.

While Democrats have been vocal about wanting to wait until after November’s presidential election to fill Ginsburg’s seat, President Trump and Senate Republicans have stated a desire to push forward. As of Monday, two frontrunners appear to be under consideration.

“Judge Amy Coney [Barrett] of the 7th Circuit Court of Appeals is getting a lot of attention, and so is this judge from Miami, Judge [Barbara] Lagoa from the 11th Circuit Court of Appeals,” McKenna said, noting that Lagoa was originally appointed to the 11th Circuit by Trump.

Both judges come with marked advantages for Republicans, as well as potential long-term consequences. For Coney Barrett, the hope from many Republicans is that she would help establish a solid 6-3 conservative majority needed to overturn Roe v. Wade, the long-standing precedent that effectively legalized abortion without excessive government restrictions in 1973.

For Lagoa, there are concerns that she may not side with the conservative majority on that particular case.

“They’re not 100% sure that she is a so-called reliable conservative,” McKenna said. “They’re more certain of that, I think, with Judge Coney.”

With Lagoa, who previously served as the first Hispanic woman on Florida’s Supreme Court, the advantage comes with her status as a selection who could be a boon to Trump’s standing among Cuban-American voters in Florida, where the 11th Circuit Court resides.

Media celebrates Justice Ruth Bader Ginsburg’s life, legacy

“She’s very popular in Florida among conservatives and among Cuban-Americans,” McKenna described. “She is a Cuban-American herself — it would be a very helpful move for President Trump, politically, in the state of Florida if he were to appoint her.”

That leaves President Trump with a difficult choice between a justice who could help score a long sought-after political victory for conservatives, or another who could potentially help win Florida in November’s election.

“It will be very interesting to see what President Trump decides to do because he wants to pick someone who conservatives almost uniformly are enthusiastic about,” McKenna said. “But at the same time, he’s, I’m sure, tempted by the idea of helping himself in the very important state of Florida with all those electoral votes.”

That being so, Trump’s choice could see long-term consequences if Republicans lose both the White House and Senate in November, with that Democrats would be motivated to make drastic changes in the years ahead if a new Supreme Court selection is pushed through prior to Election Day.

“(Conservatives are) going to be somewhat concerned about the impact on the court itself,” McKenna warned. “They’re going to worry that it will be such an incendiary move this many years, five decades after Roe v. Wade was decided, that it could result in a move in Congress to pack the court and expand the number of justices.”

Listen to Seattle’s Morning News weekday mornings from 5 – 9 a.m. on ³ÉÈËXÕ¾ Radio, 97.3 FM. Subscribe to the podcast here.

Dave's Commentary

Dave Ross on ³ÉÈËXÕ¾ Newsradio 97.3 FM
  • to ³ÉÈËXÕ¾ Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.

Dave Ross

Image: From left, Chris Sullivan, Dave Ross and Colleen O'Brien stand together in the ³ÉÈËXÕ¾ Newsradi...

MyNorthwest Staff

Dave and Colleen’s final ‘SMN:’ ³ÉÈËXÕ¾ colleagues, politicians say their goodbyes

"Seattle's Morning News" on ³ÉÈËXÕ¾ Newsradio will soon have a new sound. On Thursday, Dave Ross and Colleen O'Brien will host their last show together after a decade of co-hosting.

7 months ago

Classical literature on bookshelves. (Photo by Richard Baker / In Pictures via Getty Images)...

Dave Ross

Dave Ross as you’ve never heard him before: ‘I like fat books and I can’t deny’

"This song, inspired by one of my first interviews when I started my talk show, which was Sir Mix-A-Lot," Dave Ross said.

7 months ago

national debt...

Dave Ross

‘Don’t cut a cent:’ Dave Ross on why the national debt never gets under control

The national debt now exceeds $36 trillion, and every president says it has to be under control. And yet, it never is.

7 months ago

voters hormone...

Dave Ross

Ross: Voters weren’t just voting for change, they were voting for a hormone

The more I read the post-election analysis, the more I’m convinced voters weren’t just voting for a change – they were voting for a hormone.

8 months ago

ross o'brien - Seattle's Morning News...

Frank Sumrall

Dave Ross, Colleen O’Brien departing after co-hosting ‘Seattle’s Morning News’ for a decade

Dave Ross and Colleen O'Brien, the co-hosts of "Seattle's Morning News" on ³ÉÈËXÕ¾ Newsradio are both leaving the show.

8 months ago

election day...

Dave Ross

Dave Ross: Election Day and Decision Day are two separate things

Tomorrow is Election Day – that’s what the calendar says. But there are two problems with the term "Election Day."

8 months ago

Former WA Attorney General assesses fallout of RBG’s vacant Supreme Court seat