Sunday Read: AAPI mourn the death of Justice Ruth Bader Ginsberg

Friday night, as word of the death of Justice Ruth Bader Ginsberg spread, crowds gathered
 outside the U.S. Supreme Court to pay their respects.

UPDATED: 2 p.m., Sept. 20 to include Kamala Harris response.

Ruth Bader Ginsberg, who died from cancer Friday, spent a good part of her life advancing the rights of all Americans. Her legal opinions as a Supreme Court Justice benefitted the lives of Asian Americans and Pacific Islanders as they improved the lives of all men and women.

Sen. Kamala Harris, Democratic nominee for Vice President:

"Tonight we mourn, we honor, and we pray for Justice Ruth Bader Ginsburg and her family. Tomorrow we fight for her legacy.

"For all who believe in the power of the law as a force for change, Justice Ginsburg was and will always be a titan. She was a relentless defender of justice in our country and a legal mind for the ages. She also remained, throughout her life, a proud daughter of Brooklyn, with immigrant roots and a fire lit from an early age as a champion for progress and equality.

"Justice Ginsburg was known to pose the question, ‘What is the difference between a bookkeeper in the Garment District and a Supreme Court justice?' Her answer: 'One generation.' She never forgot where she came from, or those who sacrificed to help her grow into the historic icon we all came to revere.

"Even as we focus on the life that she led and process tonight’s grief, her legacy and the future of the court to which she dedicated so much can’t disappear from our effort to honor her. In some of her final moments with her family, she shared her fervent wish to 'not be replaced until a new President is installed.' We will honor that wish.

"Justice Ginsburg used every ounce of life she was bestowed to urge our nation down a path toward equal justice. Doug and I send our heartfelt prayers to Jane and James, and the entire Ginsburg family, particularly on this holy day of Rosh Hashanah. According to Jewish tradition, on Rosh Hashanah we begin a period of reflection. Tonight, we reflect on the legacy of Justice Ginsburg and we honor her belief in creating a fair and just world by recommitting to fight for that justice."

John C. Yang, president and executive director of Asian Americans Advancing Justice | AAJC:

“Tonight, Advancing Justice - AAJC mourns the passing of Supreme Court Justice Ruth Bader Ginsburg. She was a pioneering champion for gender equality and a tireless protector of civil and human rights for all people in this country. Her voice will be sorely missed.

"As a civil rights organization, Advancing Justice - AAJC honors Justice Ginsburg, as a guiding light on cases of utmost importance to the work we do and the equity we seek, not only for Asian Americans but for all Americans. From dissenting opinions in Shelby v. Holder and Ledbetter v. Goodyear Tire & Rubber Co. to landmark opinions in Evenwel v. Abbott that affirmed one person, one vote and United States v. Virginia which allowed women to attend the Virginia Military Institute, Justice Ginsburg was an unrelenting, fierce defender of justice.

"Given that people are already voting, and Election Day is less than 45 days away, ‘we the people’ should choose the president who will choose Justice Ginsburg’s replacement. Anything else is undemocratic. This election already was critically important in determining the future of our country. Tonight, it became even more important."

National Asian Pacific American Women’s Forum Executive Director Sung Yeon Choimorrow:

"Justice Ginsburg was a champion for gender equality and a pioneer for women. “I dissent” became a collective catchphrase inspired by her because of her determined defense of women’s rights, often as a dissenter. In the recent Supreme Court case Trump v. Pennsylvania, Justice Ginsburg dissented, noting that the Court’s decision to allow employers to exempt themselves from the Affordable Care Act’s contraception coverage requirement “leaves women workers to fend for themselves, to seek contraceptive coverage from sources other than their employer’s insurer, and, absent another available source of funding, to pay for contraceptive services out of their own pockets.”

"Justice Ginsburg’s notorious dissents indicate the reality that decisions coming from the Supreme Court often were not on the side of justice for our communities, who continue to struggle against attacks on our rights and our ability to thrive. If President Trump is able to confirm a nomination, those attacks on our lives, our families, and our communities will intensify and risk being sanctioned by our highest court. However, the people of this nation will not be silent in the process. We demand a judge who will protect the rights we have fought for and those that Justice Ginsburg worked to deliver, and we will be bold and fearless as that fight continues.”

RELATED: Get ready for a high-stakes fight for Ginsberg's replacement.

Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights:

“Justice Ginsburg was a principled, dignified defender of justice for all, and her legacy will long be remembered. She dedicated her entire career, on and off the Court, to protecting rights for women and LGBTQ individuals, and advancing justice for millions of people in America. Her wisdom served to remind us that the Supreme Court belonged to all of us, not to any party or politician. Her rulings were the embodiment of those words etched on the building in which she served – equal justice under law. Freedom has lost a stalwart champion. We join the nation in grieving this tremendous loss and extend our condolences to her family and loved ones.

“Under no circumstances should the Senate consider a replacement for Justice Ginsburg until after inauguration. People are already voting in an election where the presidency and Congress hang in the balance. Majority Leader McConnell left Justice Scalia’s seat open for more than a year because the vacancy occurred nine months before the general election. If Trump and McConnell have any decency and self-respect, they will honor Justice Ginsburg’s final request: ‘My most fervent wish is that I will not be replaced until a new president is installed.’

“It would be an insult to her legacy for this president to select a justice he promises will assail our rights and undermine, upend, and unravel our democratic norms for generations. We demand a Supreme Court that is just and fair. We cannot let Trump get a third justice who will jeopardize racial justice, health care access, and so many more issues. Our fundamental rights are at risk. To honor Justice Ginsburg’s legacy, we need our Court to recognize and protect the rights of all of us.”

ACLU Executive Director Anthony D. Romero issued the following statement:

“Few individuals have had such a dramatic and lasting effect on a particular area of law as Supreme Court Justice Ruth Bader Ginsburg, who directed the work of the ACLU Women’s Rights Project from its founding in 1972 until her appointment to the federal bench in 1980.

“During the 1970s, Ginsburg led the ACLU in a host of important legal battles, many before the Supreme Court, that established the foundation for the current legal prohibitions against sex discrimination in this country and helped lay the groundwork for future women’s rights advocacy. By 1974, the Women’s Rights Project and ACLU affiliates had participated in over 300 sex discrimination cases; between 1969 and 1980, the ACLU participated in 66 percent of gender discrimination cases decided by the Supreme Court.

“In 1981, President Carter appointed Ginsburg to the United States Court of Appeals for the District of Columbia Circuit. In 1993, Ruth Bader Ginsburg became the second woman to be a Justice on the Supreme Court.

“In her honor we will be dedicating the ACLU Center for Liberty as the Ruth Bader Ginsburg Liberty Center.

“She leaves a country changed because of her life’s work.”

Asian American & Pacific Democratic Caucus (AAPIDC) Nevada

"Though she is gone, the fight she fought is not. Not even twenty-four (24) hours after her passing, President Trump and the GOP seek to undermine Justice Ginsburg’s work and immediately replace her with someone who will more likely than not unwind the very protections that she put in place. 

"Though we wish to mourn, the very actions taken by those Justice Ginsburg highly criticized remind us to not be complacent. We cannot allow, nor should we accept, any thing that undermines our humanity or further unravels the values of the American people. Her death is another reminder of the importance of this year’s election and that we should act; or - at the very least - vote."

Congressmember Ted W. Lieu (D-Los Angeles County):

"Ruth Bader Ginsberg represented the best of America. With patriotism and passion, she never shied away from taking on the challenge of making our country a more just and equal place. As a civil rights icon, Ruth Bader Ginsburg carved out a new path for women in our country - demonstrating that everyone is entitled to justice and opportunity under the law. She was a legal pioneer that our country needed and she will be desperately missed. This is a devastating loss for our country but her memory, and her legacy, are a blessing."

Congressmember Pramila Jayapal (WA-07):

“Tonight, our nation not only lost a historic member of the highest court in our land but a trailblazer for women everywhere. From her passionate advocacy work on behalf of women to her nearly three decades on the Supreme Court, Ruth Bader Ginsburg served with grace and brilliance while fighting for equality and justice.

“As the Director of the American Civil Liberties Union’s Women’s Rights Project, Justice Ginsburg put her strength and unparalleled legal knowledge to work each day as an organizer who helped lay the foundation for landmark constitutional protections against sex discrimination. Following her confirmation to the bench in 1993, she brought her fierce intellect, determination for justice, and quick-wit with her as she became only the second woman to ever serve on the Supreme Court.

“As some looked out for corporations and the powerful, she lifted up families and the most vulnerable. With every case she deliberated on, she was guided by the promise of the very words carved above the Supreme Court: equal justice under law. Her tireless work on the court protected and expanded women’s rights, reproductive rights, voting rights, civil rights, and workers’ rights. She helped make possible historic progress on LGBTQ+ equality, health care, immigration, the environment, and getting money out of politics. And she did all of this while never losing sight of what makes our nation great—our inclusivity, our sense of justice, our commitment to equality and opportunity for all.

“In honor of Justice Ginsburg’s inspiring life, her powerful legacy, and her never ending pursuit for justice, let us continue her work. I am committed to continuing the critical work necessary to make our country more equal, more fair, and more just. As one of only 79 women of color to have ever served in the United States Congress, I am fully committed to continuing the legacy of this beloved “shero”: from finally ratifying the Equal Rights Amendment to protecting abortion rights, workers’ rights, LGTBQ+ rights, and civil rights for all. And I am committed to making sure women across the country and throughout the world can blaze their own trails, that they are never held back on the basis of sex — or any identity.

“May Justice Ruth Bader Ginsburg’s memory be a blessing. And may she rest in power.”

Mourn, pray, honor, the late Justice Ruth Bader Ginsberg, but get ready to fight

SCREEN CAPTURE / ABC

Ruth Bader Ginsberg, 1933-2020

OPINION

With the pandemic, the sour economy, the divisive elections, can 2020 get any worse? The answer, I'm afraid, is "Yes, much worse."

The death of Supreme Court Justice Ruth Bader Ginsberg Friday (Sept. 18) at the age of 87 has turned the heat up by several notches in one of the most contentious and important Presidential elections in America's history. 

“The stakes of this election couldn’t be higher,” Democratic Vice President Kamala Harris tweeted after offering prayers for Ginsburg and her grieving family. “Millions of Americans are counting on us to win and protect the Supreme Court—for their health, for their families, and for their rights.”

We should celebrate that we lived in an age when Justice Ginsberg was possible. We should work so that there can be even more Ruth Bader Ginsberg.

RELATED: AAPI community pays tribute to an American hero

Many people would like to honor the late champion of civil rights, women's rights with quiet respect to mourn her passing; others would like to wallow in despair for the future of our country. To truly honor RBG's memory, we should redouble our efforts to turn this country around. 

It may be proper to offer a quiet prayer for the soul of RBG, but you would be totally wrong if you think Republicans are going to sit on their hands quietly during this period of mlourning. Conservatives have been waiting for Ginsberg's death for years to solidify their grip on the Supreme Court. 

Don't expect Senate Leader Mitch McConnell to stick to his words that he used to rationalize go against centuries-old tradition by turning down President Obama's nominee for the Supreme Court four years ago.

When Justice Antonin Scalia died in February of 2016, McConnell said: 

"Given that we are in the midst of the presidential election process, we believe that the American people should seize the opportunity to weigh in on whom they trust to nominate the next person for a lifetime appointment to the Supreme Court," they conclude. "It is today the American people, rather than a lame-duck president whose priorities and policies they just rejected in the most-recent national election, who should be afforded the opportunity to replace Justice Scalia."

With those words, the GOP-dominated Senate pushed through the nomination and vote for Neal Gorsuch, who has been a steady vote for conservatives since he took his place on the bench.

“A basic principle of the law – and of everyday fairness – is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment,: wrote President Obama in Medium. "The rule of law, the legitimacy of our courts, the fundamental workings of our democracy all depend on that basic principle. As votes are already being cast in this election, Republican senators are now called to apply that standard.”

"I have a very simple message for Donald Trump and Mitch McConnell tonight," said Sen. Mazie Hirono, D-HI, who sits on the Senate Judicial Committee, "The best and only way to honor the life’s work of Justice Ginsburg, a giant of a jurist, is to honor her fervent final wish that she not be replaced until a new president is installed.

On Friday night, Mitch McConnell, the Senate majority leader, declared: “President Trump’s nominee will receive a vote on the floor of the United States Senate.” Hypocrisy be damned! 

Ginsberg was fully aware what was at stake and fought to stay healthy until just a few weeks ago. And ... she fought to the end. On her deathbed, she uttered her dying wish to one of her granddaughters:

“My most fervent wish is that I will not be replaced until a new president is installed.”

The Senate and McConnell should honor that wish, but I'm afraid "honor" has no meaning in Trump's Republican Party. 

Make no mistake what's at stake here. They are enormous. The selection of the new Justice could determine what kind of America we, our children, our grandchildren and their children will live in, given the key role the court plays in guiding our society on cultural, social and political issues.

The highest court in the land  already has four steady right-wing votes in  Neil Gorsuch, Brett Kavanaugh, Samuel Alito and Clarence Thomas. Chief Justice John Roberts might sometimes side with the more liberal wing of justices but for the majority of his votes, he has voted conservative. That's a majority of five. 

With the possible appointment of another conservative, that would give conservative-leaning SCOTUS and decided rightward tilt. The more ideologically liberal justices, Steven Breyer, Elena Kagan and Sonia Sotomayor would be reduced to writing dissenting views --  which boil down to nice thoughts but totally powerless in implementation.

MSNBC host Ari Berman tweeted: "It’s truly shocking that 4 of 5 conservative justices on Supreme Court (Roberts, Alito, Gorsuch & Kavanaugh) were nominated by Republican presidents who lost (the) popular vote.

Indeed, both Presidents Bush and current White House occupant Donald Trump lost the popular vote but won the electoral college votes.

Diving down even further, the U.S. Senate Republicans represent 15 million less voters than their Democratic counterparts. In the 2018 elections, Senate Democrats garnered 18 million more votes than Republicans.

It is unlikely that Ginsberg's replacement would be appointed before the first Monday of October, when the Supreme Court traditionally opens a new term and decides which cases it would accept for their judgement.

Trump has been using the conservative-leaning High Court as his backstop to controversial measures that have been rejected by lower courts.

Some of the life-changing decisions the 2020-2021 SCOTUS will likely face: Affirmative action, what's left of President Obama's Affordable Care Act which has been whittled down since Trump took office; Roe v. Wade, the ruling that allows a woman to choose, has been chipped away at the last few years; the future of the participants in the Deferred Action on Delayed Arrivals (DACA) that similarly has been upheld by lower courts, in fact, Trump's entire anti-immigrant agenda from the issuance of visas and green cards to the detention and deportation of refugees. 

Looking further down the road, in keeping with their anti-big government pillar, Republicans would also like a conservative Supreme Court to eventually review and perhaps end New Deal institutions of Social Security and Medicare, which have long been targets of the ultra-rich who don't believe in sharing their good fortune; doing away with estate taxes benefiting the ultra-rich; and just about any government assistance program from unemployment to food supplements would be vulnerable.

Ruth Bader Ginsberg through the years, as an advocate, and later as a Supreme Court Justice,  fought for the rights of men and women.

So mourn, pray RBG's passing, but also start planning and girding yourselves for a battle -- and we're not exaggerrating -- that could determine how we and our descendants live our lives in our country -- with rights equal to all -- or as second-class citizens who have to claw our way to the upper tiers of society in order to have the rights we enjoy today.

The first step, is to make sure Justice Ginsberg's replacement is not nominated until after the November elections when voters can give Democrats the edge in the Senate and remove McConnell, who represents Kentucky. In states where a Senate seat is up -- yes, that means Arizona, Maine, Kansas, Kentucky, Colorado, Iowa, Montana, North Carolina, Alabama -- vote for Democrats in the Senate races.

The second step in that battle is to kick out Trump and his minions from the White House and the power that office holds.

“We cannot let them win this fight,” said Harris, the first Asian American nominated for national office, in a prepared statement to supporters today (Saturday, Sept. 19). "Millions of Americans are counting on us to stand up, right now, and fight like hell to protect the Supreme Court -- not just for today, but for generations to come.“

"The work of holding Senate Republicans accountable to the standard they set in 2016 starts now," she said. "To Joe (Biden) and me, it is clear: The voters should pick a President, and that President should select a successor to Justice Ginsburg.”

RBG has died. We must pick up her banner. Her fight, is now our fight.

EDITOR'S NOTE: A word of caution, this is news laced with opinion. Readers are encouraged to seek multiple news sources to formulate their own positions.