Georgia's Republican governor can pick justice's successor after Supreme Court ruling

Election to replace Keith Blackwell was supposed to take place on Tuesday

An election to fill a soon-to-be vacant seat on the Georgia Supreme Court has been cancelled, with it instead ruled that governor Brian Kemp will appoint the justice’s successor for a two year term.

Georgia Supreme Court justice Keith Blackwell, a Republican, announced in February that he will be stepping down from his role after six years, in November this year.

An election was scheduled to take place today to replace him as a justice, with Democrat John Barrow and Republican Beth Beskin running to succeed him.

However, last week it was decided by the state’s Supreme Court that the election would be cancelled and that Mr Kemp would be allowed to choose the justice to replace Mr Blackwell.

The replacement will serve as a justice on the court for two years, and will take Mr Blackwell’s place in November.

On 14 May, the Georgia Supreme Court voted 6-2 in favour of Mr Kemp choosing the next justice, and dismissed lawsuits from both Mr Barrow and Ms Beskin.

Their lawsuits contested Fulton County Superior Court Judge Emily Richardson’s verdict in March, that ruled Mr Kemp could decide the next justice.

Six of the state’s Supreme Court justices recused themselves from the case, and were replaced by five lower tier judges for the ruling, according to Vox.

The ruling found that in Georgia law, a justice is only replaced via election if they are beaten at the polls, and not if they have already declared they will leave the post.

Although Mr Blackwell’s seat is not yet vacant, the Supreme Court voted against the lawsuits because his resignation became irrevocable when the governor accepted it in February, according to the Atlanta Journal Constitution.

Writing on behalf of the majority, Justice David Nahmias, said: “When a vacancy arises in a justice’s office, it is filled not by election but rather by gubernatorial appointment.”

Ms Beskin, who is now running to replace justice Charles Bethel, told the outlet that she accepts the verdict.

“I’m happy to have played a part in helping clarify Georgia election law jurisprudence and further understand the gubernatorial power of appointment,” she said.

Mr Barrow said he disagreed with the decision, and criticised three of the justices for hearing the case, despite having worked with Mr Blackwell.

“It’s clear that these justices had an interest in deciding this case, and it’s not hard to see where their interests lay,” he said.

“We’ll continue to see these justices blaming the voters for their bad decisions — until we replace them.”

Judge Brenda Trammell, one of the two on the panel alongside Scott Ballard to vote against the ruling, said she feels the decision goes against the constitution.

Ms Trammell wrote: “Because I feel that this denies the people the right to elect their justice as provided by the Constitution, I cannot agree.”

Governor Kemp has not given any indication on who will replace Mr Blackwell, but he is now free to choose a Republican as the next justice.