Vacancy in the Supreme Court of Justice

In one of our most recent articles, we talk about Ruth Bader Ginsburg, one of the justices of the US Supreme Court of Justice, who passed away on September 18, at the age of 87.

She was known worldwide for her progressive stance on feminism, gender rights, the inclusion of immigrants, and respect for human rights above any political ideal.

Also known as RBG, she was a key player for immigrant communities during her tenure on the Supreme Court. For instance, she was one of the judges who ruled in favor of the Deferred Action for Childhood Arrivals (DACA) in June 2020, which is an immigration benefit implemented during the Barack Obama era, in 2012, and that the Trump administration has tried to remove on several occasions.

Because the current administration of the US has a fairly strict stance when it comes to immigration, RBG’s opinion and vote has been paramount during the past three years.

Motion Law’s Blog section keeps you up to date with immigration news, policies and measures.

How does the election of the new Supreme Court judge work?

When there is a vacancy in the Supreme Court, the President of the US has the right to nominate a candidate, who must be approved by Congress.

It is important to clarify that the Supreme Court has 9 members, a president and 8 judges. Counting RBG, there were a total of 4 progressive judges and 5 conservative judges, which balanced the verdicts.

However, since the Trump administration belongs to the Republican political party and its stance is quite conservative, the fear of immigrant rights advocates is that President Trump will nominate a conservative judge and have more opportunities to fulfill his “anit-immigration agenda.”

As the presidential election approaches, Democratic Party nominee, Joe Biden, urges to elect the Supreme Court member after the election, but the Trump administration sped up the process and nominated a female judge on Saturday 26 September, 2020.

Do you need help with an immigration case? Motion Law can help.

The Trump administration’s Supreme Court nominee and her stance on immigration

The Trump administration nominated Amy Coney Barrett to replace RBG, a 48-year-old lawyer, who has served on the Seventh Circuit Court of Appeals for the past three years.

She has supported, on multiple occasions, the conservative views of the Trump administration when it comes to the immigration sector.

In fact, in June 2020, Judge Barrett defended the “Public Charge Rule”, which states that immigrants cannot obtain legal residence permits if they represent an unnecessary burden on the local economic system, arguing that it is a law that has existed since the Clinton presidency and that the current administration is only adjusting necessary changes to prevent foreigners from using public benefits excessively.

The Senate has yet to give an answer on Barrett’s nomination and decide whether she will replace RBG’s seat on the US Supreme Court of Justice.

Reliable help for your immigration case

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.