MEMPHIS, Tenn. (WMC) - The Supreme Court will return to session next month without one of their most outspoken voices.
“She is an absolute legend on the Supreme Court, people will rightly mourn her loss,” said Steve Mulroy, University of Memphis Law Professor.
Constitutional Law Professor Steve Mulroy says he’s been teaching the work of Supreme Court Justice Ruth Bader Ginsburg to eager University of Memphis law students for years now.
“She was a pioneer for women’s rights and she was an advocate before she got on the Supreme Court. She was the Thurgood Marshall of the women’s legal rights movement,” said Mulroy.
Friday, Ginsburg lost her battle with pancreatic cancer, leaving an open seat on the country’s highest court.
“Justice Ginsburg tried to hang on as long as she could. She really didn’t want to be in a position where her replacement would be appointed by President Trump,” said Michael Nelson, WMC Political Analyst.
WMC Political Analyst Michael Nelson expects President Trump and the Republican-led Senate to pick a replacement for Ginsburg in the near future -- possibly before the election, which is about a month and a half away.
“That will change the direction of the Supreme Court in a more conservative direction which is something the President has been trying to do and his supporters will be very much grateful for,” said Nelson.
And there’s not much Democrats can do about it. Mulroy said Republicans eliminated the filibuster, meaning a simple majority vote would confirm the new justice.
“What it would take would be at least four Republican senators voting with the Democrats saying let’s hold off on voting until after the election and whether or not that will happen is anyone’s guess,” said Mulroy.
The Supreme Court reconvenes Oct. 5.
Mulroy says with the loss of Ginsburg that leaves just eight justices, which sets up the possibilities for split rulings or 4-4 ties.
In that case, Mulroy says the lower court’s ruling stands.