The Power of One

How can the death of one person hold so much power in our democracy? Aren’t we supposed to be “We, the people”?

The loss of Justice Ruth Bader Ginsburg has set off a volatile, political battle. Less than twenty-four hours after her death, Republican senators were already speaking about her replacement. And though I revere Justice Ginsburg’s brilliance and accomplishments, I’m concerned that she holds this much power in our government, either alive or dead. Something’s broken when the absence of one person can wreak fundamental change across society.

A similar truth holds for Mitch McConnell. Though he’s still here, of course, he continues to block legislation, and at the height of hypocrisy, prevented a hearing for Supreme Court nominee Merrick Garland in March 2016 during Barack Obama’s second term. Now McConnell intends to seek Senate confirmation for Donald Trump’s nominee within six weeks of a presidential election.

What is broken must be repaired. 

When it comes to the Supreme Court, we must first dispel the myth that it’s our one non-partisan branch of government. We all know this isn’t true. The current fight over Justice Ginsburg’s seat is proof enough. We must then consider remedies to the Court’s composition. Russell Wheeler, a visiting fellow at the Brookings Institution, reviews options in his March 2020 essay, “Should we restructure the Supreme Court?” In it, he summarizes the three most frequently discussed ideas: adding seats to the Court (aka “packing the court”), increasing the size of the Court to 15, and imposing term limits for justices. 

Whatever changes are made, our courts must be structured in such a way to avoid current trends where, as Wheeler points out, four of our five conservative Supreme Court justices were nominated by presidents who lost the popular vote, and “senators who confirmed Justices Thomas, Gorsuch, and Kavanaugh represented less than half the population.”

McConnell’s ongoing reign is a related problem. As the Senate Majority Leader, McConnell holds the power to schedule or not schedule votes even when bi-partisan support for a bill is evident. He blocked votes on popular criminal justice reform in 2018, for example, and gun background-check legislation earlier this year. He seeks quick approval for Trump’s judicial nominees yet repeatedly held up Obama’s. His power, and Nancy Pelosi’s for that matter, should be scaled back.

The imbalances of power in our government are not sustainable, and the only way to make change is through the legislative branch. When our newly elected Congress convenes in January 2021, our representatives need to review and revise not only the structure of the Supreme Court, but the power in their own bodies as well. 

It behooves us to hold them accountable.