Title : Let's look at Ginsburg's language: "I will not be replaced until a new president is installed."
link : Let's look at Ginsburg's language: "I will not be replaced until a new president is installed."
Let's look at Ginsburg's language: "I will not be replaced until a new president is installed."
That is the form of her dying wish, as told to us by her granddaughter Clara Spera, who is a fellow at the American Civil Liberties Union. It is hearsay, and we don't know for certain that Ruth Bader Ginsburg said those words at all — though of course we assume that the basic idea expressed is something that she did indeed wish. But did she use the verbs "replaced" and "installed"? Is that Spera's paraphrase?The words sound wrong to me, especially "installed." We normally speak of electing a President. If you look up the words "install" and "president" in the New York Times archive, the relevant hits are about colleges and professional organizations "installing" a president. There, a president is chosen by an elite group, not by the people.
I read through a long page of old NYT headlines and finally arrive at one that looks like it may be a political leader: "Silurians Install President" (April 16, 1963). Who are Silurians?! Is Siluria some country that has escaped my attention all these years?
Click to enlarge and clarify. Key line: "The Silurians is an association of men who have been on New York City newspapers for 25 years or more." Another professional organization, the sort of thing that installs its president.
You see my point. It is a strange and revealing word choice. And if there's one thing you can say about Donald Trump, it's that he was not installed. The 2016 election was a populist expression that gobsmacked the elite. If Hillary had won, it might make some sense to declare that she was "installed."
Ah! And now you see a motivation for Ginsburg's use of "installed." If Biden wins — which is what Ginsburg hoped for — it really is more of an installation. The Democratic Party elite have been working to install him. It's not his own doing. It was a reaction against the populist expression that had Bernie Sanders winning in the primaries.
When I hear "installed," I think of appliances — dishwashers, refrigerators — that need to be positioned and hooked up by licensed professionals. That resonates with the Biden story... except that no one would install an appliance so superannuated and marginally functional.
And I don't like the use of the word "replaced" either. Ginsburg filled a seat, seat #6, established February 24, 1807. She was the 13th person to sit there. "I will not be replaced until..." suggests a sense that there ought to be a new version of her, someone who will carry on as she would have. But she took over that seat from Byron White. Was there any sense that she was supposed to be like him? She certainly wasn't. The seat belongs to all of us. Just as we control who is elected President, we have a collective interest in that seat, which now needs to be filled.
Justice Ginsburg exercised her own will by holding on to the seat despite grave illness, and there was some ability to choose who would take her place, but the force of nature kept her from completing that task. The Constitution gives the appointment power to the President, and a Supreme Court Justice cannot grab that power from him.
The Constitution has its complicated method for determining who will be President. I won't elaborate on it here, but it does have something to do with what we, the people, want. The last time we cranked through the mysterious process, Trump popped out. It was very weird! But he is the President, and a Supreme Court Justice has vacated a seat.
We can make political arguments that he should wait and let us make filling that seat an issue in the election. I'd love to see Trump and Biden debate and give us the question what kind of Justice we want. Biden was chair of the Judiciary Committee for so long. Let's grill him about what he did to Robert Bork and Clarence Thomas. Let's ask him to show us his list of potential nominees as President Trump has. I think that would be great. But I also think that if the tables were turned and a Democratic President had a Democratic Senate, we'd get the nomination and confirmation quickly and without fussing about inferred principles that have nothing to do with the text of the Constitution.
Thus articles Let's look at Ginsburg's language: "I will not be replaced until a new president is installed."
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