Skip to content
Search

Latest Stories

US & Canada

Supreme Court vacancy turns US election on its head

File photo of deceased US Supreme Court Justice Ruth Bader Ginsburg. Reuters
Make us preferred on Google

News broke across the United States on Friday evening that Supreme Court Justice Ruth Bader Ginsburg had died, ending her long and distinguished career as a jurist. Tributes poured in quickly from men and women on both sides of the political spectrum. But just as quickly, her death has sharply raised the stakes for the upcoming US elections for president and the Senate, as well as the longer-term ideological balance of the nation's top court.


A few thoughts.

First, President Trump and Senate Majority Leader Mitch McConnell have already made clear they will move quickly toward a Senate vote to confirm a replacement before the election. Neither man cares about arguments that they should wait until after the election to move forward. Trump will name the nominee — which he already announced will be a woman — within days, and McConnell will begin lining up the votes. Four years ago, McConnell refused to give a vote to Obama's pick to replace deceased Justice Antonin Scalia because it was an election year, although for McConnell that argument doesn't apply now.

Second, this may set the scene for large-scale protests in many American cities. As for the election itself, this fight, however it plays out, is only likely to increase enthusiasm among voters on both sides by reminding them of the larger stakes that come with a lifetime appointment that can swing the ideological balance of a divided court. The partisan battle over the 2018 confirmation of Justice Brett Kavanaugh could be child's play compared to what could happen if Republicans try to confirm a nominee before the election, or even after it (especially if Trump loses).

Third, there will be no replacement for Ginsburg until a nominee can get 50 votes in the Senate. Of the 53 Republican senators, Lisa Murkowski (Alaska) and Susan Collins (Maine) have already confirmed they will not support nominating anyone this close to the election. There are other names to watch, including a few in close races for re-election that might benefit by saying no to Trump. There is also Mitt Romney (Utah), the man who has emerged as Trump's most frequent Republican critic.

Fourth, here's the potential wildcard: The Constitution stipulates that there must be a Supreme Court, but it doesn't specify how many judges it should include. There have been more than nine justices in the past.

In theory, if Democratic candidate Joe Biden wins the election and Democrats win a majority in the Senate, Biden could nominate six new justices of his own for a 15-judge court. When Franklin Delano Roosevelt tried this ploy in 1937, it failed and dealt his presidency a heavy political blow. But 1937 is not 2020, and Biden might succeed where Roosevelt failed.

The bottom line: The death of Justice Ginsburg is a major plot twist for what has so far been a remarkably stable election, and it will reverberate through American politics for years to come.

Updated as of September 20.

More For You

Canada shows another red card at the border
Will Fitzpatrick
While the US has drawn attention for blocking fans, coaches, and referees from entering the country for the World Cup, co‑host Canada has also denied entry into its country for two players. Ahead of Ghana’s opening match against Panama in Toronto, midfielder Thomas Partey was denied a visa to travel from the US to Canada. And just yesterday, [...]
Iranian President Masoud Pezeshkian displays a memorandum of understanding after signing it in Tehran, Iran, on June 18, 2026.

Iranian President Masoud Pezeshkian displays a memorandum of understanding after signing it in Tehran, Iran, on June 18, 2026, after the document was signed by US President Donald Trump.

Iranian Presidency via ZUMA Press
What does the US-Iran deal mean for Tehran? The interim agreement to end the war, signed by both sides on Wednesday, appears to tilt toward Iran: it lifts the US naval blockade of Iranian ports, grants sanction waivers for Iranian oil products – meaning Tehran no longer has to sell oil at a discount – and gives the Islamic Republic access to [...]
People walking along the Dubai Creek Harbour

People walk along Dubai Creek Harbour, amid the U.S.-Israel conflict with Iran, in Dubai, United Arab Emirates, March 6, 2026.

REUTERS/Amr Alfiky/File Photo
Will the Gulf pay for its own protection from Iran? Iran could reportedly receive up to $300 billion in a reconstruction fund for its battered economy as part of its interim peace deal with the US, which is expected to be formally signed in Switzerland on Friday. While the structure and management of the potential fund are unclear, US President [...]
What the rise of a trillionaire reveals about the American Dream
- YouTube
In this episode of "ask ian," Ian Bremmer looks at what the rise of Elon Musk as the world’s first trillionaire reveals about wealth, innovation, and the future of the American Dream. [...]