Because of Democrats, Trump Must Pick A Ginsburg Replacement
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2020 keeps on rolling with the punches. Last night, Supreme Court Justice Ruth Bader Ginsburg passed away after a long battle with cancer. She’s a tough woman who accomplished much. Ginsburg was the second woman appointed to the court. The notorious “RBG” will, no doubt, be missed by family, friends, and political rivals alike.
To be honest, I hoped Justice Ginsburg would live past this critical election. Our nation is already so divided, and Justice Kavanaugh’s hearing was unbelievably nasty. I didn’t want this fuel to be added to the literal arson fires lit across the country.
But everyone has a time to go, and Justice Ginsburg fought as long as she could. My condolences to her family.
Now for the obvious debate: should the court’s vacancy be filled before or after the election?
Democrats made a filled Supreme Court necessary. Democrats around the country—like Joe Biden and Gavin Newsom—eerily stated that Covid-19 was an opportunity to implement change on various issues: climate change, the economy, etc. In a time when our nation needed some normalcy, our electoral process has been radically uprooted. Even though experts like Dr. Anthony Fauci says it’s safe to go to the polls, Secretary of States across the country have mailed out ballot applications. This resulted in applications mailed to the deceased, to the wrong address, and ineligible voters. Absentee voting is a much safer process, which requires a voter to make the request themselves. In the Georgia primary election, at least 1,000 people voted twice. Secretary of State Joslyn Benson of Michigan warned to prepare for a weeklong election. The media published a few articles stating because of mail-in voting, Trump may look like the victor, yet lose once all the mail is counted. And let’s not forget Hillary Clinton, who advised Biden to not concede, no matter what.
We may be heading for a crisis, and the 2020 election may very well be decided by the Supreme Court. We don’t need that decision to possibly come down to a tie. In their desperation to cause election confusion, Democrats may have critically changed the court for an entire generation.
Democrats are pointing out that President Obama had the opportunity to replace Justice Antonin Scalia. He nominated Merrick Garland, and Republicans held up the vote for ten whole months, citing the “Biden Rule.” In 1992, Biden advised President H. W. Bush to not select a nominee until after the election. The newly dubbed “McConnell Rule” made the same case in 2016, but there is one piece of vital information McConnell’s critics are leaving out. It only applies when the Senate and the presidency are held by two different parties. Plus, Obama was a lame-duck president.
Democrats are wrong to call McConnell a hypocrite on the issue without pointing out their own hypocrisy. They clearly wanted Obama’s appointment to make it through the process. If they don’t allow President Trump to do the same, it’ll be out of spite and not to maintain any political decorum.
President Trump was elected mostly to save the Supreme Court. Even people who hated Trump took a gamble on him for this reason. And while Trump’s list of achievements is long, his judicial appointments are standouts. He had a prepared list of nominees, so he was always transparent about his judges. There was always a possibility that he’d appoint two or three, especially since Ginsburg chose not to retire under Obama. We had a midterm in 2018, and the will of the American people was to uphold the Republican majority of the Senate. Their judicial appointments are their crowning achievement. To say Trump doesn’t have a mandate is ridiculous. Biden said America should elect a president and the president should decide. We did, and he will.
It’s ironic that Biden is the Democrat nominee, and not simply for the Biden Rule. He famously derailed Robert Bork from the Supreme Court, after a spectacularly failed presidential run. He was also critical in the “high-tech lynching” of Justice Clarence Thomas. If anyone doesn’t deserve to pick a justice, it’s Biden.
Does Trump have the constitutional authority to do so? Of course. If there’s a vacancy, he can fill it. The Senate’s role is to “advise and consent.” The “Biden Rule” and the “McConnell Rule” is all political theater. The beauty of the Gorsuch nomination is the monumental gamble McConnell took. President Trump’s win was a surprise to most. The media and the Democrats were annoyed that Republicans blocked Garland’s confirmation process, but they were also giddy. They believed Garland was a moderate pick, but since they didn’t accept him, Hillary would win and pick the most liberal judge possible. They were salivating.
Instead, Trump won, and the rest is history.
I believe McConnell only took such a bold risk because it was Scalia’s seat that needed to be filled, and Garland would have tipped the court left. I didn’t expect Republicans to make it through the election. I’m glad they proved me wrong.
Is there enough time? Yep, even with Democrat shenanigans, and they’ve been obscene for nearly Trump’s entire presidency. Ginsburg herself was also confirmed in less than 45 days.
Does Trump have the votes? That’s a trickier question. Moderate Republicans senators like Susan Collins and Murkowski may not budge for a judge who undoes Roe V. Wade. They might also want to be fair since Republicans blocked Garland. But since they believed Garland should be heard, it would be consistent if they allowed Trump’s appointment to go through the process.
Senator Mitt Romney is also a curveball. He’s been an adversary to the president for a while now. Republicans can only hope Romney’s roots will compel him to vote for a judge who respects the constitution.
Otherwise, I’d expect a hard party-line vote. There’s always a chance that Democrat Joe Manchin will cross the aisle, but this is a monumentally crucial vote. His party will be vicious.
Whatever happens in the next few weeks will shake our nation. Some Democrats are making calls for war and to burn everything down if the president forces through his nominee. After four years, they’re still having trouble accepting the results of the election.
Well, as President Obama famously said: “Elections have consequences.”
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Many Democrat operatives expect marginalized communities to experience schadenfreude when a powerful man like Trump gets what they think is coming to him. But the reality is that most people want real justice over social or performative justice.