September 18, 2020judicialjudicial appointmentsSenate normsconstitutional structurejudicial powerseparation of powersgender equity
Justice Ruth Bader Ginsburg dies 46 days before the presidential election
Supreme Court Justice Ruth Bader Ginsburg died of metastatic pancreatic cancer on September 18, 2020, creating a vacancy 46 days before the presidential election. Senate Majority Leader Mitch McConnell announced within hours that the Senate would move to fill the seat despite having blocked Merrick Garland for 293 days in 2016, citing the principle that election-year vacancies should await the next president. Democrats argued McConnell's reversal was hypocritical; Republicans argued the difference was which party controlled both the Senate and White House.