An already tumultuous week was turned on its head Friday, with the death of Supreme Court Justice Ruth Bader Ginsburg, aka the Notorious RBG. Moscow Mitch and His Trumpness wasted no time in saying they would rush through a replacement by the end of the year, barely pausing to honor the beloved justice, who had captured the public imagination like no other SC justice in recent memory. Even conservatives loved her. She had a very warm relationship with SC Justice Antonin Scalia before his untimely death in February 2016. However, Mitch stonewalled Obama's nominee Merrick Garland for the remainder of that year, refusing to consider a replacement until after the November election. Ironically, he referred to the so-called Biden Rule to defend his actions. Even Trump said the choice should be made by the next president on the campaign trail 2016.
We shouldn't expect these two to honor their previous commitments, but the speed with which they are seeking to put a nominee to a vote on the Senate floor is breathtaking. Only last week, Trump released a revised list of Supreme Court nominees, adding Ted Cruz and other senators, suggesting that he was well aware of Justice Ginsburg's fragile health. This makes him now look like a vulture circling her dying carcass.
It has put Republicans in an uncomfortable position. Mitch is meeting resistance within his own ranks as Lisa Murkowski, Susan Collins and even Chuck Grassley have expressed their reservations about putting a nominee to a vote this close to a presidential election. Any more defections and Mitch would not have the votes to confirm a new justice, even if it were a woman as Trump has now promised on the campaign trail. Sorry Ted.
This kind of cynical game playing is the norm in Washington. Moscow Mitch's prime goal these past four years has been to stack the federal courts. He even got SC Judge Kennedy to retire so that he could replace him with a younger justice, Brett Kavanaugh, which ultimately led to the Republicans losing their majority in the House in the 2018 midterms. No one likes court packing. The Democrats experienced a similar situation back in 1937 when their beloved FDR tried to add extra seats to the Supreme Court in his Judicial Procedures Reform Bill. It was met with fierce resistance by legislators and was defeated in Congress. Some Republicans already feel Mitch went too far by trying to force Kavanaugh down their throats, they probably won't be so accommodating the second time around, given how 2018 turned out.
This is the highest court in the land after all, and even if we may not agree with their rulings, generally Americans respect the decisions that are made.
No one honored that court better that Justice Ruth Ginsburg. She was a giant among tiny men, never afraid to state her position or chastise fellow judges that she felt made weak arguments. Yet, she didn't hold it personally. She even spoke well of recent Judges Kavanaugh and Gorsuch despite their sharply contrasting positions. This is what a judge should be.
Unfortunately, Mitch sees a golden opportunity to stack the Supreme Court for years to come with an "insurance judge," given that Judges Roberts and Gorsuch can't always be counted on to side with conservative opinion. It will also make life hell for a Democratic President and Congress should Trump be defeated and the Republicans lose their majority in the Senate, as conservatives will be able to contest every legislative action by the Democratic President and Congress through the Supreme Court. This is what annoyed FDR back in 1937, as his New Deal was constantly being challenged in court. The same was true for the Affordable Care Act, championed by Obama. So, Moscow Mitch wins even if he loses.
This is the importance of the Supreme Court and why it became such a hotly contested issue in 2016 and again in 2018. Liberals haven't held a majority on the Supreme Court since 1971. They saw their golden opportunity slip away in 2016, and they will be sure to remind voters what the Republicans did this time around, and to vote accordingly. This may or may not influence current Republicans in the Senate, but if they want to retain their seats (23 are up for election) they have to be very careful how they vote.
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