The passing of Supreme Court Justice Ruth Bader Ginsburg gives conservatives and Republicans what they claim to have wanted since judicial activism became the norm in the 1960s.
From outlawing prayer and Bible reading in public schools, to the infamous Roe v. Wade decision, which legalized abortion, conservative Republicans have yearned for a time when a Republican president and Republican majority Senate might put an end to judges making law and return to the day when Congress was the legislator.
Yet, Republican presidents have appointed several liberals to the court. President Dwight Eisenhower appointed five members to the Supreme Court, including Earl Warren and William Brennan. Eisenhower purportedly said years later that, “I have made two mistakes, and they are both sitting on the Supreme Court.” Richard Nixon named Harry Blackmun, the primary author of Roe v. Wade. Gerald Ford named liberal John Paul Stevens. Ronald Reagan selected Sandra Day O’Connor, who upheld several challenges to Roe v. Wade, and Anthony Kennedy, who ruled same-sex marriage constitutional. George H.W. Bush picked David Souter, a liberal, and George W. Bush selected John Roberts, who has been inconsistent on some issues, such as Obamacare.
Democrat presidents have not faced this problem. Their nominees have been reliably liberal in their interpretation of the Constitution.
Charges of hypocrisy will be hurled at Republicans for their statements opposing confirmation of judges in an election year, and some jittery Republicans up for re-election fear whomever the president nominates would harm their chances. Even so, this is a chance to do something great for the country and leave a mark worthy of the most patriotic citizen. There is no point in having power if one does not use it.