You should know that the Honorable Justice Ruth Bader Ginsburg, who was a jurist in the highest court of the United States passed away on Friday, September 18, 2020, after 07:00 p.m., at the age of 87. Justice Ginsburg was appointed by President Bill Clinton 27 years ago. Her death comes at a politically difficult time in our country, especially during a presidential election year.

It is important that you know that according to the United States Constitution, it is the sole responsibility of the President of the United States to appoint judges to the Supreme Court. This my dear readers, is the Constitution!

• Under Article II of the Constitution, the president “shall appoint … judges to the Supreme Court,” and the Senate’s role is to provide “advice and consent” Known as the “appointments clause” of the Constitution, it lays out three sequential acts in order to fill a vacancy.First, the nomination by the president; second, the advice and consent of the U.S. Senate; and third, the appointment by the president. There is no exception for the president to refuse to nominate a successor nor is there an exception for senators to refuse to provide advice and consent.
• Only the president has the constitutional authority to nominate a justice and the Senate does not have any authority until after the president makes a nomination. Although it may be good practice, the president is under no obligation to obtain advice from the Senate before a nomination since the Senate’s duty to provide advice and consent begins only afterthe nomination.

It is also important for you to know that the Constitution also stipulates that the Supreme Court must be composed of 9 (nine) judges. When they are confirmed their appointments are for life. They cannot be easily removed from their appointments. A Supreme Court vacancy becomes available only as a result of death, resignation, retirement, or impeachment. However, impeachment is rare, and difficult to obtain.    

The death of…