How Republicans can shrink the nation's divide after Ruth Bader Ginsburg's death | Opinion

• Kevin Witenoff is a third-year student at Vanderbilt Law School.

In the moments after the passing of one of the most historic American jurists of all time, the minds of many shifted quickly from grief to politics. No doubt, we should have focused on celebrating the life of the second woman to serve on our nation’s highest court. However, the reality is that the chasm between Democrats and Republicans overshadowed Justice Ruth Bader Ginsburg’s extraordinary accomplishments in many conversations that followed her passing.

This reality is disappointing; especially because our country feels more divided than ever. Much of this disunion stems from the fact that many of our elected officials appear to put “winning” over our nation’s harmony and well-being. Though Democrats have undoubtedly contributed to this rift, recent actions of Senate Republicans towards the judiciary have played a significant role in making Americans think politics is more about “winning” than good governance.

Many will remember Senate Majority Leader Mitch McConnell’s emphatic denial of a hearing for President Obama’s Supreme Court nominee, Merrick Garland. Obama nominated Garland to the Court in March 2016 after the passing of another phenomenal American jurist (and dear friend of Justice Ginsburg), Justice Antonin Scalia.

Garland was the chief judge of our nation’s second-most prestigious court, and was unquestionably qualified for a hearing. McConnell concurrently denied hearings for over 100 of Obama’s lower court appointees. Despite citing an informal 1992 Joe Biden proposal to justify his actions, McConnell’s obstruction was without basis or precedent.

Mitch McConnell is interfering with procedure

Impeding the nominations process is unfortunately not the only example of recent Senate Republican interference with judiciary procedure.

In 2017, McConnell successfully led Senate Republicans’ efforts to change the number of votes required to confirm a Supreme Court nominee from 60 to 51. As a result, Republicans were able to seat two new justices that would not have been confirmed under the previous threshold. Justice Neil Gorsuch was confirmed with 54 votes and Justice Brett Kavanaugh snuck through with the minimum 51 votes required.

Hours after Justice Ginsburg’s death, McConnell released a statement unequivocally stating that he would not follow the policy he created in 2016 and will ensure the Senate votes on Trump’s impending nominee. Prior to the 2016 election, McConnell said that the next president should fill the Supreme Court vacancy.

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That rule should apply just the same in 2020, regardless of which party holds the executive branch. After denying Garland a vote for nine months under equivalent circumstances in 2016, voting on, and potentially confirming, a Supreme Court nominee so close to the election will only intensify the resentment Democrats feel towards their colleagues on the Right.

Here's what Republicans can do for national unity

Herein lies Republicans’ chance to shrink our country’s growing divide. If Senate Republicans refused to vote on Trump’s Supreme Court nominee prior to the election, it could do wonders for strengthening our country’s collective morale.

Republicans have the opportunity to remind the American people that, despite McConnell’s recent meddling, they place our country’s unity above “winning” and party politics. Extending this olive branch would go a long way in alleviating Democrats’ frustrations towards McConnell’s actions over the last five years.

If you are a Republican reading this, put pressure on your senators. Call, write, and reach out to them on social media. Tell them that Republican voters value the consistent implementation of rules and reject their arbitrary application for political gain. Tell them to follow the rules, even if Mitch McConnell doesn’t want them to.

Regardless of party affiliation, the last five years have been politically exhausting. We owe it to ourselves, our country and Justice Ginsburg to take every opportunity to reunify.

Kevin Witenoff is a third-year student at Vanderbilt Law School.