I am almost physically ill right now from the news of Justice Ruth Bader Ginsburg’s passing — although, in truth, I was astounded that the good lady held on for as long as she did. I would take the time to sing her praises, if my knee jerk reaction wasn’t terror at what Mitch McConnell is going to do. And in a surfeit of insult being added to injury, I am sure you recall that last week Donald Trump announced he was adding the names of Ted Cruz and Tom Cotton to the list of potential supreme court justice nominees?

This is from the Washington Post, May 29, 2019:

In 2016, he left a vacant Supreme Court seat open until after a Republican won the White House so that his party could fill it. In 2020, Senate Majority Leader Mitch McConnell (R-Ky.) is willing to do the opposite.

“Oh, we’d fill it,” McConnell told supporters in Kentucky on Tuesday when asked what he would do if a Supreme Court justice died in 2020 while President Trump was still in office, as CNN reported.

The politics behind McConnell’s 180 is pretty obvious. It benefited his party to keep the seat open in 2016, and it benefits his party to fill it in 2020, so that’s what he’s going to do. But McConnell’s attempt to explain his blatantly political change of heart about Supreme Court vacancies is more tortured.

McConnell can’t just come out and say that he’s changing his mind because it benefits his party. So to defend against charges of hypocrisy, he’s arguing that in 2016, it would have been supremely rare for a Republican Senate to confirm a Democratic president’s nominee in an election year, so why should McConnell have done it for Barack Obama? In 2020, there’s a Republican Senate and a Republican White House, so McConnell’s in the clear.

This could get very ugly very fast. McConnell can ask the senate to vote on whatever he wants. There is no reason to think that he would be gracious in any way and consider that the election is in 45 days and that the American people should weigh in. He’s too much of a hypocrite to stand by his own rationale of a few years back.

This is a black day. The ink’s not dry on Justice Bader’s death certificate and we’re in another pitched political battle. This is who we are in 2020. Sad but true.

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1 COMMENT

    • Trump can’t confirm a justice. He isn’t even NAMING these justices. He doesn’t know any judges — McConnell and the Federalist Society are making the lists.

      • Trump has to NOMINATE a Justice first, Anastasia, a fact that the current hysteria is overlooking. He doesn’t do that, nothing happens. And he is not above screwing them over.

        • And you BELIEVED him? If so, YOU’RE the bonehead. Trump will help no one but Trump. And that list was just a way to keep them in line. Getting a new SCOTUS Justice is nowhere near in his interest.

          • Think, Ursula…he gains NOTHING by giving them what they want. At this point, he has the power over them with this. So he’ll make them BEG and, if the usual pattern holds, he’ll just keep stringing them for weeks up until Election Day. He might try something during the lame duck period if he loses but ONLY if he’s in more of a mood to punish us than he is the GOP. And he’s got more direct way on the former.

          • Certainly a way to keep some Senators in line. But if one of those unqualified idjits gets nominated, they shouldn’t be allowed to vote on it.

  1. This could definitely kill reelection chances for several Republicans — Collins, for sure, probably Gardner, Tillis, McSally, all of who are in trouble, but if they voted togo ahead, they might as well just throw in the towel on their campaigns. Filing that seat now will only excite the hardest of the hardcore — the ones who were already definitely voting for Trump.

  2. I could cry. Just this morning a friend and I were talking about Ruth and hoping she could hold on for just a few more months. What a loss to us all, and what a disaster for this country if tRump gets away with another SC placement given the laundry list of incompetent idealogues that he’s chosen for us.

  3. Well, even though the “rules” no longer allow filibusters for Supreme Court nominees, I think it’s time for Senate Democrats to get up and actually PHYSICALLY filibuster any nomination. And if McConnell objects, then the Democrats need to tell McConnell what he can do with his objection (and with as graphic language as needed to show his blatant partisanship–not to mention his sheer hypocrisy).

    I’m not sure this should be made a public warning but Democratic Senate leaders should remind McConnell that he and his party may not be in charge much longer so the GOP can expect to reap the whirlwind. (Then the Democratic Senate leaders should meet with Biden–in private–to talk about expanding the size of the Supreme Court and make that one of the first objectives. Oh, and permanently ending the filibuster–which McConnell and his cohorts torched in 2017 to put Gorsuch on the Supreme Court.)

  4. Obama nominated a weak-sauce judge no one could feel passionate about and the Democrats rolled over since they were certain that Clinton would be the next president. I fully expect nothing more from them this time than firey floor speeches, sternly-worded memos, and total capitulation. Oh, and, of course, fund-raising emails.

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