The death of US Supreme Court justice Ruth Bader Ginsburg, leader of the court's liberals, will reshape the upcoming election and, quite possibly, the future of the court itself.
The justice was 87 and in deteriorating health. Despite a valiant effort, she could not hold out for the next president. She reportedly said her dying wish was not to be replaced until the next administration begins on January 20. Those wishes are unlikely to be respected.
Now, a remarkable series of variables come into play. Normally, the process is straightforward: the president nominates a candidate for the court who must then be confirmed by the Senate.
However, in this case it is by no means so simple.
That's because when Justice Antonin Scalia died in 2016, the final year of Barack Obama's presidency, the Senate majority leader, then as now Mitch McConnell, refused to grant the president's nominee a hearing, let alone a vote.
Mr McConnell invented a preposterous theory, supposedly based on historical precedent but obviously and crudely concocted, arguing that although there were 10 months to go in Mr Obama's presidency, the Senate should wait to see what happened.
"The American people should have a voice in the selection of their next Supreme Court justice," he insisted. He has described that breathtakingly cynical manoeuvre as one of the proudest moments in his career. And because Donald Trump won in 2016, his alternative nominee, Neil Gorsuch, joined the court instead of Mr Obama's candidate, Merrick Garland.
If 10 months is too soon for a confirmation process, the 45 days now remaining before the November 3 election must surely be even more implausible. But of course, Mr McConnell is insisting that Mr Trump should nominate someone and the Senate vote immediately.
This remarkable ethical contortion is, if anything, being outdone by Senate Judiciary committee chairman Lindsay Graham, who insisted in 2016 "I want you to use my words against me. If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let’s let the next president, whoever it might be, make that nomination.”
Now that this is exactly what has happened, however, to no one's surprise he insists, "the rules have changed."
Just when it seemed the stakes couldn't be higher for November 3, they have been significantly amplified for both camps
Mr Trump says he will nominate a woman shortly. If she is confirmed, he will have appointed three of nine Supreme Court justices and finally created the long-sought but elusive six-three conservative majority that Republicans have been seeking for decades. But it will have been done in such an underhanded manner that Democrats may seek extraordinary redress in the future.
The refusal to consider Mr Garland was outrageous enough. But if Republicans now ignore the very standard that they bucked all traditions to set four years ago, Democrats are likely to conclude the court is hopelessly politicised and that the other side has decided to stop at absolutely nothing in order to ideologically shape its rulings.
Moreover, many Democrats will view this looming six-justice court majority as yet another manifestation of a growing crisis of sustained minority rule in the US, which is grossly at odds with the country's democratic ideals.
Mr Trump is president because of the electoral college, not majority will, since Hillary Clinton got almost 3 million more votes than he did. Yet he may appoint one third of the Court’s justices. And the Republican Senate majority represents an even smaller minority of American citizens than he does, because the Constitution gives each state two Senators without regard to population.
The final straw will be the shamelessness of this manipulation, first creating new rules and then ditching them, despite passionately insisting they would never do that.
Since the Garland fiasco, some prominent Democrats have been quietly discussing the need to redress the conservative stranglehold on the Supreme Court and other high appellate courts by, when possible, using legislative authority to reshape and expand these courts.
There is nothing in the Constitution specifying nine justices on the Supreme Court. That is a function of 19th century legislation. A co-operative Congress and president could decide that 13, 15 or 17 justices should serve.
If Democrats take control of both houses of Congress and the White House next year, as they might well, they will probably attempt such "court balancing." Republicans will denounce it as "court packing," and compare it to a notorious failed effort to expand the court by Franklin Roosevelt in the 1930s. But given their recent conduct, Republicans will not have much credibility when championing traditions, propriety and norms related to the court.
Democrats may seek similar structural changes to many appellate courts, which Mr Trump and Mr McConnell have been busily packing, often with unqualified candidates.
The looming fight over the next justice could have a significant impact on the election, but it is extremely hard to tell which side, if either, may be advantaged, although turnout will be decisive.
This will certainly remind many conservative voters, who are uneasy with Mr Trump's personal conduct and style, why they voted for him in 2016, and it should be very good for his turnout.
But there is a good chance it will be at least as energising for an infuriated Democratic base, especially those women and men who are justifiably concerned this new court majority could spell the end of reproductive freedom in much of the country.
Just when it seemed the stakes couldn't be higher for November 3, they have been significantly amplified for both camps.
But there is a possible wrinkle. Four Republican senators, fearful for their own re-election chances or appalled with their leadership’s behaviour, could join Democrats in preventing the confirmation of a new justice before the election. But that would mean going into very serious potential post-election litigation with an even number of justices, possibly incapable of making a binding decision.
It seems more likely that Mr McConnell and Mr Trump will get their way by the narrowest of margins, but that this could spell the end for the familiar nine-member US Supreme Court.
Hussein Ibish is a senior resident scholar at the Arab Gulf States Institute and a US affairs columnist for The National
Company%20Profile
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Bert van Marwijk factfile
Born: May 19 1952
Place of birth: Deventer, Netherlands
Playing position: Midfielder
Teams managed:
1998-2000 Fortuna Sittard
2000-2004 Feyenoord
2004-2006 Borussia Dortmund
2007-2008 Feyenoord
2008-2012 Netherlands
2013-2014 Hamburg
2015-2017 Saudi Arabia
2018 Australia
Major honours (manager):
2001/02 Uefa Cup, Feyenoord
2007/08 KNVB Cup, Feyenoord
World Cup runner-up, Netherlands
Our legal advisor
Ahmad El Sayed is Senior Associate at Charles Russell Speechlys, a law firm headquartered in London with offices in the UK, Europe, the Middle East and Hong Kong.
Experience: Commercial litigator who has assisted clients with overseas judgments before UAE courts. His specialties are cases related to banking, real estate, shareholder disputes, company liquidations and criminal matters as well as employment related litigation.
Education: Sagesse University, Beirut, Lebanon, in 2005.
MORE ON TURKEY'S SYRIA OFFENCE
Gulf rugby
Who’s won what so far in 2018/19
Western Clubs Champions League: Bahrain
Dubai Rugby Sevens: Dubai Hurricanes
West Asia Premiership: Bahrain
What’s left
UAE Conference
March 22, play-offs:
Dubai Hurricanes II v Al Ain Amblers, Jebel Ali Dragons II v Dubai Tigers
March 29, final
UAE Premiership
March 22, play-offs:
Dubai Exiles v Jebel Ali Dragons, Abu Dhabi Harlequins v Dubai Hurricanes
March 29, final
MATCH INFO
Uefa Champions League last 16, first leg
Liverpool v Bayern Munich, midnight, Wednesday, BeIN Sports
6.30pm: Al Maktoum Challenge Round-3 Group 1 (PA) | US$95,000 | (Dirt) 2,000m
7.05pm: Meydan Classic Listed (TB) ) | $175,000) | (Turf) 1,600m
7.40pm: Handicap (TB) ) | $135,000 ) | (D) 1,600m
8.15pm: Nad Al Sheba Trophy Group 3 (TB) ) | $300,000) | (T) 2,810m
8.50pm: Curlin Handicap Listed (TB)) | $160,000) | (D) 2,000m
9.25pm: Handicap (TB)) | $175,000) | (T) 1,400m
10pm: Handicap (TB) ) | $135,000 ) | (T) 2,000m
Get inspired
Here are a couple of Valentine’s Day food products that may or may not go the distance (but have got the internet talking anyway).
Sourdough sentiments: Marks & Spencer in the United Kingdom has introduced a slow-baked sourdough loaf dusted with flour to spell out I (heart) you, at £2 (Dh9.5). While it’s not available in the UAE, there’s nothing to stop you taking the idea and creating your own message of love, stencilled on breakfast-inbed toast.
Crisps playing cupid: Crisp company Tyrells has added a spicy addition to its range for Valentine’s Day. The brand describes the new honey and chilli flavour on Twitter as: “A tenderly bracing duo of the tantalising tingle of chilli with sweet and sticky honey. A helping hand to get your heart racing.” Again, not on sale here, but if you’re tempted you could certainly fashion your own flavour mix (spicy Cheetos and caramel popcorn, anyone?).
Step by step
2070km to run
38 days
273,600 calories consumed
28kg of fruit
40kg of vegetables
45 pairs of running shoes
1 yoga matt
1 oxygen chamber
COPA DEL REY
Semi-final, first leg
Barcelona 1 (Malcom 57')
Real Madrid (Vazquez 6')
Second leg, February 27
SQUADS
UAE
Mohammed Naveed (captain), Mohamed Usman (vice-captain), Ashfaq Ahmed, Chirag Suri, Shaiman Anwar, Mohammed Boota, Ghulam Shabber, Imran Haider, Tahir Mughal, Amir Hayat, Zahoor Khan, Qadeer Ahmed, Fahad Nawaz, Abdul Shakoor, Sultan Ahmed, CP Rizwan
Nepal
Paras Khadka (captain), Gyanendra Malla, Dipendra Singh Airee, Pradeep Airee, Binod Bhandari, Avinash Bohara, Sundeep Jora, Sompal Kami, Karan KC, Rohit Paudel, Sandeep Lamichhane, Lalit Rajbanshi, Basant Regmi, Pawan Sarraf, Bhim Sharki, Aarif Sheikh
FIXTURES
Monday, January 28
Iran v Japan, Hazza bin Zayed Stadium (6pm)
Tuesday, January 29
UAEv Qatar, Mohamed Bin Zayed Stadium (6pm)
Friday, February 1
Final, Zayed Sports City Stadium (6pm)
Destroyer
Director: Karyn Kusama
Cast: Nicole Kidman, Toby Kebbell, Sebastian Stan
Rating: 3/5
UAE release: January 31
Results:
5pm: Handicap (PA) | Dh80,000 | 1,600 metres
Winner: Dasan Da, Saeed Al Mazrooei (jockey), Helal Al Alawi (trainer)
5.30pm: Maiden (PA) | Dh80,000 | 1,600m
Winner: AF Saabah, Tadhg O’Shea, Ernst Oertel
6pm: Handicap (PA) | Dh80,000 | 1,600m
Winner: Mukaram, Pat Cosgrave, Eric Lemartinel
6.30pm: Handicap (PA) | Dh80,000 | 2,200m
Winner: MH Tawag, Richard Mullen, Elise Jeanne
7pm: Wathba Stallions Cup Handicap (PA) | Dh70,000 | 1,400m
Winner: RB Inferno, Fabrice Veron, Ismail Mohammed
7.30pm: Handicap (TB) | Dh100,000 | 1,600m
Winner: Juthoor, Jim Crowley, Erwan Charpy
About Okadoc
Date started: Okadoc, 2018
Founder/CEO: Fodhil Benturquia
Based: Dubai, UAE
Sector: Healthcare
Size: (employees/revenue) 40 staff; undisclosed revenues recording “double-digit” monthly growth
Funding stage: Series B fundraising round to conclude in February
Investors: Undisclosed
Fight Night
FIGHT NIGHT
Four title fights:
Amir Khan v Billy Dib - WBC International title
Hughie Fury v Samuel Peter - Heavyweight co-main event
Dave Penalosa v Lerato Dlamini - WBC Silver title
Prince Patel v Michell Banquiz - IBO World title
Six undercard bouts:
Michael Hennessy Jr v Abdul Julaidan Fatah
Amandeep Singh v Shakhobidin Zoirov
Zuhayr Al Qahtani v Farhad Hazratzada
Lolito Sonsona v Isack Junior
Rodrigo Caraballo v Sajid Abid
Ali Kiydin v Hemi Ahio
MATCH STATS
Wolves 0
Aston Villa 1 (El Ghazi 90 4' pen)
Red cards: Joao Moutinho (Wolves); Douglas Luiz (Aston Villa)
Man of the match: Emi Martinez (Aston Villa)
RACE CARD
6.30pm: Madjani Stakes Group 2 (PA) Dh97,500 (Dirt) 1,900m
7.05pm: Maiden (TB) Dh82,500 (D) 1,400m
7.40pm: Maiden (TB) Dh82,500 (D) 1,600m
8.15pm: Handicap (TB) Dh87,500 (D) 2,200m
8.50pm: Dubai Creek Mile Listed (TB) Dh132,500 (D) 1,600m
9.25pm: Conditions (TB) Dh120,000 (D) 1,900m
10pm: Handicap (TB) Dh92,500 (D) 1,400m
Keep it fun and engaging
Stuart Ritchie, director of wealth advice at AES International, says children cannot learn something overnight, so it helps to have a fun routine that keeps them engaged and interested.
“I explain to my daughter that the money I draw from an ATM or the money on my bank card doesn’t just magically appear – it’s money I have earned from my job. I show her how this works by giving her little chores around the house so she can earn pocket money,” says Mr Ritchie.
His daughter is allowed to spend half of her pocket money, while the other half goes into a bank account. When this money hits a certain milestone, Mr Ritchie rewards his daughter with a small lump sum.
He also recommends books that teach the importance of money management for children, such as The Squirrel Manifesto by Ric Edelman and Jean Edelman.
If%20you%20go
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Who was Alfred Nobel?
The Nobel Prize was created by wealthy Swedish chemist and entrepreneur Alfred Nobel.
- In his will he dictated that the bulk of his estate should be used to fund "prizes to those who, during the preceding year, have conferred the greatest benefit to humankind".
- Nobel is best known as the inventor of dynamite, but also wrote poetry and drama and could speak Russian, French, English and German by the age of 17. The five original prize categories reflect the interests closest to his heart.
- Nobel died in 1896 but it took until 1901, following a legal battle over his will, before the first prizes were awarded.
THE SPECS
Aston Martin Rapide AMR
Engine: 6.0-litre V12
Transmission: Touchtronic III eight-speed automatic
Power: 595bhp
Torque: 630Nm
Price: Dh999,563
What are the influencer academy modules?
- Mastery of audio-visual content creation.
- Cinematography, shots and movement.
- All aspects of post-production.
- Emerging technologies and VFX with AI and CGI.
- Understanding of marketing objectives and audience engagement.
- Tourism industry knowledge.
- Professional ethics.
The National's picks
4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
9.30pm: Forever Young
COMPANY%20PROFILE
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The story of Edge
Sheikh Mohamed bin Zayed, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the Armed Forces, established Edge in 2019.
It brought together 25 state-owned and independent companies specialising in weapons systems, cyber protection and electronic warfare.
Edge has an annual revenue of $5 billion and employs more than 12,000 people.
Some of the companies include Nimr, a maker of armoured vehicles, Caracal, which manufactures guns and ammunitions company, Lahab
More from Neighbourhood Watch
MATCH INFO
Manchester United 1 (Fernandes pen 2') Tottenham Hotspur 6 (Ndombele 4', Son 7' & 37' Kane (30' & pen 79, Aurier 51')
Man of the match Son Heung-min (Tottenham)
LEAGUE CUP QUARTER-FINAL DRAW
Stoke City v Tottenham
Brentford v Newcastle United
Arsenal v Manchester City
Everton v Manchester United
All ties are to be played the week commencing December 21.
More on Turkey's Syria offence
Specs
Engine: Duel electric motors
Power: 659hp
Torque: 1075Nm
On sale: Available for pre-order now
Price: On request
The%20specs
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