Encore of Revival: America, September 28, 2020

It took one week, but we finally have a SCOTUS nominee—the long time nominee apparent, Amy Coney Barrett. The Senate will begin confirmation hearings after waiting another two weeks. Then, hope to vote another two weeks after that on October 26. That will leave the perfect amount of time for Republican voters to get nervous, Democratic voters to worry themselves out, and a few days for all voters to learn that Senate Republicans did what Republican voters wanted. Yes, the Senate dragged its feet and showed its power by delaying power. SCOTUS will be full with 5-3 Conservative justices just before the election, rather than just after. If the Senate was in a hurry, McConnell would crawl over broken glass to begin hearings immediately.

This opens up a myriad of suspicions. If the election is challenged, the court will have six Republican-appointed “original intent” -minded justices, including the notorious swing vote, Chief Justice John Roberts. All six justices vote according to process and intent, usually with Republicans, but not always.

The three remaining Liberal judges, all of them appointed by Democratic presidents, always vote against Republicans and in favor of Democratic-Liberal ideals, regardless of “original intent”. They believe this is honest and ethical. But, they won’t be deciding any election disputes, the six rule-stickler justices will.

A Left-leaning professor this week observed that Trump acts much tougher than he actually is—and that Democratic voters should stop going for his bait. They might not be able to not go for the bait. But, knowing that the election won’t change the Supreme Court balance this time around, plus considering how boring Biden is, Democratic voters might not have the energy to show up to vote, not even with the October surprise about Trump’s taxes, which won’t change anyone’s mind anyway.

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Encore of Revival: America, September 21, 2020

Justice Ginsburg is dead at 87, God rest her soul. Her life’s work is well documented in the litany of eulogies from this past weekend. This article will not attempt to add to them.

Whenever a seat opens on the Supreme Court, the nation enters the same debate with the same platitudes. Depending on who is and is not in control of the White House and the Senate, different people argue different platitudes. In 1992, then Senator Joe Biden argued what is today called the “Biden Rule”, that supreme justices should not be appointed during an election season. Republicans didn’t agree. Then President George HW Bush appointed a justice anyway, along with many other federal judges. The Democrat-controlled Senate, and the Judiciary Committee chaired by Biden, refused to even hold hearings on HW Bush appointees. But, their refusal was not limited to the 1992 election year; Biden applied his “Biden Rule” in 1991.

Then, in 2016, Biden opposed Republicans following the “Biden Rule”. He wanted Obama to appoint a justice for the Republican Senate to approve. Suddenly, Republicans agreed with the “Biden Rule” and Biden did not.

Now, a Republican president can appoint a justice for a Republican Senate to approve; but some Republican Senators think they should follow Biden’s rule. Democrats would never follow Biden’s rule if they had the White House and the Senate; we only expect this from Republicans.

Let’s cut with the platitudes and pretentious precedents already. Politicians choose judges because they can. Just how the court always rules in favor of the court—on every case, making whichever ruling reasserts the power of the court—the Senate always votes in favor of the Senate and the White House always acts in favor of the White House.

As with HW Bush and Obama, President Trump will appoint a new justice. The Senate will drag its feet, pretend to serve the will of the people, and play other games to remind Washington that the Senate has power to approve court nominees.

While branches of government put their power on exhibition, the Far Left is resorting to chaos and lawlessness as its display of power. That will only embolden the Right to vote in more Republicans, who will be all too glad to give Trump and his successors the very power he hasn’t used, which the Left nonetheless fears he will. Having been nominated for the Nobel Peace Prize as the first president in 39 years not to involve America in the very new wars the Left criticizes the Right for, their case against Trump no longer holds water.

If, by some miracle, Republicans lose the election, they will approve Trump’s nominee anyway. They’ll have to. Notwithstanding that nominee vetting often takes 70 days, the Senate will likely find an excuse to wait until after the election. It’s not so much about politics and election strategy as it is about asserting power by delaying power to expand power. Expect a Republican-appointed justice by December, no matter what political smoke blows in the meanwhile. God rest her soul, Ginsburg is dead; so is Roe v Wade.

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