Georgia Gov. Brian Kemp will be permitted to hand-pick the state's next Supreme Court Justice after that same high court ruled last week that a special election set for Tuesday could be canceled.
Kemp and his Secretary of State, Brad Raffensberger, moved to cancel votingin the stateearlier this year after state Supreme Court Justice Keith Blackwell announced he would step down after his six-year term expires at the end of 2020.
Taking the matter of who should succeed Blackwell into his own hands will allow Kemp, a Republican, to appoint another right-wing judge to serve on the highest court in the state for at least two years. Like the U.S. Supreme Court, the nine-member Georgia Supreme Courtthough most of its member recused themselves from ruling on this caseenjoys a Republican majority.
Both the Democratic and Republican former lawmakers who were running for the seatJohn Barrow and Beth Beskinfiled lawsuits to have the election reinstated, but the state SupremeCourt sided with Kemp last week in a 6-2 vote.
Kemp narrowly won his 2018 gubernatorial race while serving asSecretary of State,a role in which he purged 53,000 mostly African-American voters from the state rolls.
On Tuesday, radio host Joe Madison called the governor's move an attempt at "rigging" another state election.
Six of the state's Supreme Court justices recused themselves from the case, forcing fivelower court judges to participate in handing down the ruling.
As Ian Millhiser explained at Vox, the Georgia state Constitution makes Kemp and Raffensberger's actionstechnically legal:
The court's decision inBarrowturns on the tension betweentwo provisions of the Georgia Constitution. The first provides that "all Justices of the Supreme Court and the Judges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years," and that the terms of these judges "shall begin the next January 1 after their election." Because this language refers to "all Justices," it suggests that an election must be held to fill Blackwell's seat, and that whoever prevails in that election shall join the state Supreme Court on the first of January.
SCROLL TO CONTINUE WITH CONTENT
Get our best delivered to your inbox.
But a separate provision of the state constitution permits the governor to temporarily fill vacancies on the state Supreme Court, and it provides that "an appointee to an elective office shall serve until a successor is duly selected and qualified and until January 1 of the year following the next general election which is more than six months after such person's appointment."
"The second provision seems to suggest that an appointed justice may serve until January 1, 2023and longer, if that justice eventually wins the 2022 election," wrote Millhiser.
Justice Brenda Holbert Trammell cast one of the dissenting votes, writing in her opinion that while she does not object to gubernatorial appointments overall, the people of Georgia should have retained their right to vote for their next state Supreme Court justice.
"In this instance, when the resignation will not result in a vacancy in the office until (originally) almost six months after the election, I cannot in good conscience agree that the election should be cancelled and the will of the people thrust aside as 'fruitless and nugatory,'" wrote Holbert Trammell.
As Daniel Nichanian, editor of The Appeal, tweeted, Kemp also recently acted to suspend a county race in order to retain a District Attorney position for the Republican Party.
When Athens-Clarke and Oconee County DA Brian Mauldin, a Democrat, announced in February that he would not seek another term, Mauldin asked the governor to appoint an interim DA "promptly" so former state lawmakerDeborah Gonzalez, who was planning to run as a progressive reformer, could run against the interim DA in November.
"Kemp, however, did no such thing," wrote Jay Willis at The Appeal last week. "By failing to act by May 3, six months before Election Day 2020, he ensured that whoever he eventually picks won't face a challenger until Election Day 2022 at the earliest. Gonzalez, the would-be reformer, will have to wait until then for a shot."
"As governor, Kemp has pivoted from hollowing out democratic elections to simply cancelling them," added Willis.
Read this article:
- Republican-controlled Idaho House passes Texas-style immigration bill Idaho Capital Sun - Idaho Capital Sun - April 2nd, 2024 [April 2nd, 2024]
- Georgia judge rules that Republican Brian K. Pritchard voted illegally - The Atlanta Journal Constitution - April 2nd, 2024 [April 2nd, 2024]
- Trump pays $175m New York fraud bond as Truth Social stock takes huge hit- live - The Independent - April 2nd, 2024 [April 2nd, 2024]
- Judges raise alarm over Trumps attacks - The Washington Post - April 2nd, 2024 [April 2nd, 2024]
- Why Trump's alarmist message on immigration may be resonating beyond his base - PBS NewsHour - April 2nd, 2024 [April 2nd, 2024]
- House Republican condemns Democrats sexualization of everything after Easter controversy - Washington Examiner - April 2nd, 2024 [April 2nd, 2024]
- Emery County Republican Lincoln Day Dinner and Convention Hosts Large Crowd and a Full Slate of Candidates - ETV News - April 2nd, 2024 [April 2nd, 2024]
- Who are the candidates in the West Virginia Republican Governors Forum? - WBOY.com - April 2nd, 2024 [April 2nd, 2024]
- The Republican Justices Are Slow-Walking a Key South Carolina Redistricting Case - Balls & Strikes - April 2nd, 2024 [April 2nd, 2024]
- "Never forget": Trump unloads on Republican "cowards and weaklings" in Easter Sunday meltdown - Salon - April 2nd, 2024 [April 2nd, 2024]
- Analysis | The revamped Republican Party turns Trump's lies into a loyalty test - The Washington Post - April 2nd, 2024 [April 2nd, 2024]
- Trump and his MAGA movement stormed the Republican establishment. Now they have become it. - The Fulcrum - April 2nd, 2024 [April 2nd, 2024]
- Senator Helming and Senate Republican Conference Unveil Legislative Package to Expand Availability and Access to ... - The New York State Senate - April 2nd, 2024 [April 2nd, 2024]
- States that lean Republican report more COVID vaccine-related adverse events, study finds - University of Minnesota Twin Cities - April 2nd, 2024 [April 2nd, 2024]
- House Republican condemns Democrats' 'sexualization of everything' after Easter controversy - Colorado Springs Gazette - April 2nd, 2024 [April 2nd, 2024]
- Infuriated House members plot early exits due to Republican dysfunction - Axios - April 2nd, 2024 [April 2nd, 2024]
- State reviewing cop-involved shootings - Waterbury Republican American - April 2nd, 2024 [April 2nd, 2024]
- RNC plan for 2020 denialist to head election integrity unit raises alarms - The Guardian US - April 2nd, 2024 [April 2nd, 2024]
- McConnell casts doubt on border and Ukraine aid deal as GOP fury threatens both - NBC News - January 25th, 2024 [January 25th, 2024]
- Biden Vetoes Republican Measure to Block Electric Vehicle Charging Stations - The New York Times - January 25th, 2024 [January 25th, 2024]
- Wilson Co. Republican Party of TN shares controversial meme referencing hangings - News Channel 5 Nashville - January 25th, 2024 [January 25th, 2024]
- When is the Nevada primary, caucus? What to know about dual contests. - USA TODAY - January 25th, 2024 [January 25th, 2024]
- Electability is all Democrats discussed in 2020. In 2024, Republicans don't care - NPR - January 25th, 2024 [January 25th, 2024]
- Trump racks up endorsements from Republicans in Congress as any resistance that once existed fades - The Associated Press - January 25th, 2024 [January 25th, 2024]
- 'Betrayal': Arizona GOP chair resigns after recording of 'offer' to Kari Lake - USA TODAY - January 25th, 2024 [January 25th, 2024]
- It's Fair to Ask: Is the Republican Race Over? - The New York Times - January 25th, 2024 [January 25th, 2024]
- 'No Time to Go Wobbly': Why Britain Is Lobbying U.S. Republicans on Ukraine - The New York Times - January 25th, 2024 [January 25th, 2024]
- The 2024 Republican Primary Was Over Before It Began - The New Yorker - January 25th, 2024 [January 25th, 2024]
- More GOP holdouts backing Trump as leaders seek unity - Roll Call - January 25th, 2024 [January 25th, 2024]
- House Republicans accuse Penn of 'failure to address antisemitism on its campus' - ABC News - January 25th, 2024 [January 25th, 2024]
- Four reasons why Nikki Haley may be staying in the race for the Republican nomination | Brookings - Brookings Institution - January 25th, 2024 [January 25th, 2024]
- The United Auto Workers union endorsed Biden today - NPR - January 25th, 2024 [January 25th, 2024]
- After Early Primary Victories, Republicans in Congress Fall in Line Behind Trump - The New York Times - January 25th, 2024 [January 25th, 2024]
- Kari Lake is running for U.S. Senate from Arizona. The AZGOP tried to stop her. - NPR - January 25th, 2024 [January 25th, 2024]
- New Hampshire exit polls: Republicans were just half of voters in their own primary - Reuters.com - January 25th, 2024 [January 25th, 2024]
- NH primary plays outsized role in determining future of the Republican Party - NPR - January 25th, 2024 [January 25th, 2024]
- Trump wins 2024 New Hampshire primary - The Associated Press - January 25th, 2024 [January 25th, 2024]
- House Republicans now have one of the smallest majorities in history - NBC News - January 25th, 2024 [January 25th, 2024]
- Time to back Trump: Republican donors accept the inevitable - The Guardian US - January 25th, 2024 [January 25th, 2024]
- Trump wins New Hampshire primary, further solidifying path to 2024 presidential election - Axios - January 25th, 2024 [January 25th, 2024]
- Does Nikki Haley have a chance in South Carolina's primary? Here's what some voters are saying - ABC News - January 25th, 2024 [January 25th, 2024]
- Trump and Biden shift focus to general election rematch as Haley fights on - Reuters.com - January 25th, 2024 [January 25th, 2024]
- Biden: Its clear Trump will be Republican nominee - The Hill - January 25th, 2024 [January 25th, 2024]
- Election 2024: Haley Heads Home to Keep Up Fight as Trump and Biden Look to Rematch - The New York Times - January 25th, 2024 [January 25th, 2024]
- AP Votecast: How and why New Hampshire voted in 2024 primary - The Associated Press - January 25th, 2024 [January 25th, 2024]
- Why Trump's critics see his New Hampshire win as a positive sign for 2024 - POLITICO - POLITICO - January 25th, 2024 [January 25th, 2024]
- Republicans zero in on a new border the one with Canada - NBC News - January 25th, 2024 [January 25th, 2024]
- Arizona Republican Party boss tried to keep Kari Lake out of Senate race by dangling job - The Arizona Republic - January 25th, 2024 [January 25th, 2024]
- Iowa Republican caucus date set for Jan. 15, 2024 - POLITICO - POLITICO - July 9th, 2023 [July 9th, 2023]
- Republicans sound alarm over DeSantiss sagging campaign - The Hill - July 9th, 2023 [July 9th, 2023]
- Opinion | Can the Republican Party Reverse Course? - The New York Times - July 9th, 2023 [July 9th, 2023]
- Reagans Republican Party Wouldnt Think Twice About Aid to Ukraine - Yahoo News - July 9th, 2023 [July 9th, 2023]
- Trump Wont Campaign at a July 4 Parade, but Other Republican ... - The New York Times - July 9th, 2023 [July 9th, 2023]
- Nearly a quarter of Republicans say classified docs charges make them more likely to support Trump: poll - The Hill - July 9th, 2023 [July 9th, 2023]
- Which Republicans Have Pledged to Support Their Nominee - The New York Times - July 9th, 2023 [July 9th, 2023]
- Calling robust Republican representation in Groton - theday.com - July 9th, 2023 [July 9th, 2023]
- John Roberts Is the Last Republican - New York Magazine - July 9th, 2023 [July 9th, 2023]
- House Republicans' Impeachment Fever Is a Gift to Democrats - The New Republic - July 9th, 2023 [July 9th, 2023]
- 'Boebert wokest Republican yet' The Durango Herald - The Durango Herald - July 9th, 2023 [July 9th, 2023]
- Ole Town Republican Party in a hole - theday.com - July 9th, 2023 [July 9th, 2023]
- Republicans Want to Mandate a Single Style of Architecture in ... - POLITICO - July 9th, 2023 [July 9th, 2023]
- Republicans Are Divided on Impeaching Biden as Panel Begins ... - The New York Times - July 9th, 2023 [July 9th, 2023]
- Impactful Quartet of Center-Right grassroots groups aim to advance ... - City-sentinel - July 9th, 2023 [July 9th, 2023]
- Ron DeSantis: 10 things to know about the Republican White House hopeful - The Guardian US - May 24th, 2023 [May 24th, 2023]
- Opinion | The Four Freedoms, According to Republicans - The New York Times - May 24th, 2023 [May 24th, 2023]
- Greene says no one is concerned about debt default in Republican conference - The Hill - May 24th, 2023 [May 24th, 2023]
- Republican concerns may halt permanent extension of expanded ... - New Hampshire Bulletin - May 24th, 2023 [May 24th, 2023]
- The Ever-Growing 2024 Republican Primary Field : The NPR ... - NPR - May 24th, 2023 [May 24th, 2023]
- Why the Republican Job Requirements Push Won't Actually Get ... - TIME - May 24th, 2023 [May 24th, 2023]
- Key Republican urges McCarthy, GOP to hold the line in debt ceiling talks - The Hill - May 24th, 2023 [May 24th, 2023]
- South Carolina GOP Passes 6-Week Abortion Ban, Sends Bill to ... - Democracy Now! - May 24th, 2023 [May 24th, 2023]
- Opinion | Vivek Ramaswamys Long Shot Run at the Republican ... - The New York Times - May 24th, 2023 [May 24th, 2023]
- Ohio Republican attack on higher ed will devastate our widely ... - Ohio Capital Journal - May 24th, 2023 [May 24th, 2023]
- Childless Adults Will Bear the Brunt of Republican Cuts to the Safety ... - The New Republic - May 24th, 2023 [May 24th, 2023]
- Opinion | George Santos Must Be Held Accountable by Republican ... - The New York Times - May 24th, 2023 [May 24th, 2023]
- Republican James Follweiler to be on ballot in Bethlehem City ... - 69News WFMZ-TV - May 24th, 2023 [May 24th, 2023]
- Why Republicans school board takeovers are faltering with voters - Vox.com - May 18th, 2023 [May 18th, 2023]
- Arizona Republicans have gotten most of what they wanted this year - The Arizona Republic - May 18th, 2023 [May 18th, 2023]
- Trump-backed Daniel Cameron wins GOP primary for Kentucky governor, will face incumbent Democrat Andy Beshear - Fox News - May 18th, 2023 [May 18th, 2023]
- DEI divide: Republicans and Democrats split on workplace diversity - USA TODAY - May 18th, 2023 [May 18th, 2023]