He refused for nearly a year to allow any consideration of President Obama's Supreme Court nominee. In 2016, he took a step unprecedented in modern times. TOTENBERG: At the center of the battle to achieve an essentially ironclad Supreme Court majority for conservatives is Senate Republican leader Mitch McConnell. TOM COTTON: Unfortunately, Chief Justice Roberts consistently seems more concerned about the reputation of the court and his reputation among Democrats and the media than the rule of law. Tom Cotton of Arkansas, who just happens to be on President Trump's Supreme Court shortlist, speaking on Fox News this summer. That prospect has long had some conservative politicians salivating. And that would mean that even a defection on the right would leave conservatives with enough votes to prevail in the Obamacare case and many others. That's because Ginsburg's death gives Republicans the chance to tighten their grip on the court with another Trump appointment that would give conservatives a 6-3 majority. But this time, the outcome may well be different. In 2012, the high court upheld the law by a 5-4 vote with Chief Justice Roberts casting the deciding vote and writing the opinion for the majority. Indeed, a week after the upcoming presidential election, the court is, for the third time, scheduled to hear a challenge brought by Republicans to the Affordable Care Act known as Obamacare. But with the court about to open a new term, Chief Justice John Roberts, who occasionally splits from fellow conservatives, no longer holds the controlling vote in closely contested cases. Inside the court, not only is the leader of the liberal wing gone. Her death will have profound consequences for the court and the country. My most fervent wish is that I will not be replaced until a new president is installed. NINA TOTENBERG, BYLINE: Just days before her death, as her strength waned, Ginsburg dictated this statement to her granddaughter Clara. NPR legal affairs correspondent Nina Totenberg reports. ![]() Her death at age 87 thrust the Supreme Court vacancy into the spotlight of the presidential campaign. Justice Ruth Bader Ginsburg, the demure firebrand who, in her 80s, became a legal, cultural and feminist icon, died today.
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