Supreme Court Justice Ruth Bader Ginsburg died at 87 on Friday, September 18, due to complications from her 11 year battle with metastatic pancreatic cancer. This comes at the end of a 27 year term on the Supreme Court, and involvement in many historical cases over the course of her career.

Initially nominated by President Bill Clinton in 1993, Ginsburg was no stranger to the world of law, having been at work in various capacities as far back as the 1960s. Upon her appointment to the Supreme Court, Ginsburg was involved in many high profile cases surrounding affirmative action, abortion, same-sex marriage, gender discrimination and others. 

However, her death has also opened up a vacuum in the court, a mere 6 weeks before the upcoming 2020 presidential election.

Ginsburg was one of the judges who voiced concerns over President Trump, and reportedly told her granddaughter that she did not want her replacement to be chosen by him. “My most fervent wish is that I will not be replaced until a new president is installed,” said Ginsburg. 

In spite of this, Senator Mitch McConnell has released a statement assuring that President Trump’s replacement nominee will be voted on by the Senate. Unlike the previous nomination process following Justice Scalia’s death, in which the nomination was held off until President Trump’s election, McConnell has made clear that he and the Republican party see this as an appropriate time to begin the nomination process for a new candidate. McConnel claimed that the previous “lame-duck” president was prevented from nominating a justice as an extension of the checks and balance system. In comparison, they see the time as fitting and will continue to “work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary.” 

With the election bearing down quickly, as well as an upcoming case revisiting Obamacare, the pressure to fill the seat is high, and will likely lead to a political clash over Trump’s proposed nominee. If Trump’s nominee is elected, then the Supreme Court will be Conservative leaning by a margin of 6-3, allowing a more overwhelming majority. 

While Trump has not named the nominee he will be bringing before the Senate, it’s speculated that the elected Justice will serve to increase his power in the event of a potential re-election, particularly with his promises to end Planned Parenthood and other court based changes. The Republican Party currently has a majority vote in the Senate, but only by a margin of 3, leaving the potential for an equal split. In the event of a tied vote, it will be up to Vice President Mike Pence to cast the deciding vote.

As the nation mourns the loss of Justice Ginsburg, Chief Justice John Roberts, who broke rank from his generally conservative stance and sided with Ginsburg and the other left-leaning Justices to protect the DREAMers from imminent deportation, released a statement on the court’s loss and Ginsburg’s role. “…We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her–a tireless and resolute champion of justice.”