Ruth Bader Ginsburg, the seemingly indestructible Supreme Court Justice, has been released from the hospital. The Justice was admitted earlier this week over an infection caused by a gallstone. The Justice was still able to hear arguments during the court session, even while hospitalized. The court is currently allowing arguments to be heard via telephone, an historic first, amid the COVID-19 pandemic.
The telephone arguments have allowed the Justice to continue her involvement with the case, even while hospitalized. This was a first for the Justice, who has been no stranger to hospitalization during her time with the court. Throughout her tenure, she has faced colorectal cancer, pancreatic cancer and lung cancer, and has survived all of them.
On Monday, Ginsburg, 87, had a gallstone. After a brief, non-surgical procedure, she was discharged from the hospital on Wednesday. The justice, who was appointed by President Bill Clinton, has been at the center of numerous medical scares. Her numerous battles with cancer are among the top of the list.
Since Supreme Court Justices serve for life, their health is one of the few things normally able to remove them from their appointment. Barring something extreme, like severe arthritis treatment or major surgeries, Justices don’t typically step down. This also means that, politically, presidents put a lot of emphasis on their Supreme Court picks.
Since his inauguration in 2017, Donald Trump has appointed two Justices to the Supreme Court. Ginsburg’s health, through this lens, is a highly political topic. The Justice herself has stated that she intends to stay in her position until she is at least 90 years old. That would be at least three years from now, after the end of Trump’s current term.
This has put an enormous amount of pressure on both parties for the 2020 election. Since Trump was able to nominate two Justices, the balance has shifted towards conservative in the Supreme Court. Democrats have a vested interest in nominating Ginsburg’s successor. If the court shifts into a further conservative majority, it could be decades before Democrats are able to nominate more Justices.
During the court’s historic first telephone arguments, a gaff shocked the listening public. During oral arguments Wednesday, we all heard the telltale sounds of a loud flushing toilet over the proceedings. This somewhat hilarious development was out of character for the normally stoic and staid Supreme Court.
At the very least, this episode has shown that even the highest court in the land can be plagued by ridiculous technical difficulties.