Replacing RBG

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1932

Abstract

ourt in his corner in case the election is contested, which it surely will be? Or could it be that he knows he’s going down in defeat and wants this win so he can go out in a conservative blaze of glory? Whatever the reason, clearly he and the Republicans want to move with lightning speed toward a confirmation and will pull out all stops to get it done. I’m sure Trump and others who support him are hoping it can be done before the election.So far, Lisa Murkowski and Susan Collins are the only Republicans who have come out in opposition to confirming a replacement before the election. Two more are needed to block the Senate vote. Will any other Republicans break ranks with Trump and the McConnell team?This being an election year for many Senators and with Trump lagging in the polls, some may be weighing the merits of continuing to support Donald Trump. They may see him as more of a liability than an asset. But do enough have the political backbone to stand up and be counted? We haven’t seen any evidence of that in the past. Can this be any different?Liberal progressives can only hope. They can also contact their Senators and make sure they are on board with the American people. Most of whom want fairness, and fairness demands a delay until after the election, which is now 42 days away. Waiting that long does not seem unreasonable.The “Biden Rule,” which McConnell and others based their delay of the Obama nomination on, refers to a remark made by Joe Biden in 1992 to the effect that no Supreme Court nomination should be confirmed during the last year of a Presidential term, i.e. during an election year. If that is applied today, as it was to President Obama’s nominee in 2016, there would be no confirmation hearings until after the election. In fact, many would prefer to wait until after the new President is sworn in on January 20th, u

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nless, of course, the “new” President is Donald Trump, in which case waiting is not an issue.So, as if this election were not already of paramount importance, the death of Justice Ginsburg has elevated it into the stratosphere of political importance. We will be voting for both a President and a Supreme Court Justice. One could argue that the Supreme Court Justice is more important than the Presidential race. It will certainly have a much longer influence. On the Court’s balance sit the Affordable Care Act, Roe vs Wade, Gun Control, and a host of other issues.[Update] As it turns out, the President has said he will announce his nomination tomorrow (Saturday, September 26) and Senator McConnell has promised a quick confirmation process which may be completed prior to the election.Since 1975 it has taken an average of 70 days for the Senate to confirm a nomination. Could they do it in the 42 days remaining before the election? Surely they could, but this being an election year, many Senators will be out on the campaign trail. So, it seems unlikely.The Senate does have other important business that it must attend to including passing a government spending bill prior to the current one expiring at the end of September and passing further Coronavirus economic relief/stimulus legislation. Will they elevate the importance of the Supreme Court Nomination above these other vital concerns? If so, how will that play with voters? We can only wait and see.One thing for sure, an interesting election has become even more interesting and important. Hopefully, everyone will be paying attention and will get out and vote. It is our opportunity to have a say, limited though it is, in how our government is run and how it will be run for the next several years. After all, Supreme Court Justices are appointed for life.</article></body>

The Battle Begins

The death of Ruth Bader Ginsburg has ignited a firestorm of controversy that will consume us from now until a replacement is confirmed. When that will happen is anyone’s guess. Trump wants it done ASAP, of course. He’s said he will announce his nominee by the end of this week. And Mitch McConnell has promised a vote in the Senate post haste, thus reversing his position on Obama’s nomination of Merrick Garland, which languished in the Senate until expiring with the 114th Congress in January 2017, 293 days after his name was submitted to the Senate for confirmation.

Such open and blatant hypocrisy clearly shows the Republicans have bought into Trump’s contorted reasoning that justifies saying and doing whatever brings the current win. Forget precedence; forget the rule of law. All that matters is the win today and anything goes.

I hope Justice Ginsburg can rest in peace. However, I’m sure that if her spirit is aware of what is happening that she is anything but at peace. She worked hard for fairness and equality and justice for minorities and women. Her liberal voice rang out loud and clear over the years since her appointment by President Bill Clinton in 1993.

Sadly, President Trump is so totally lacking in human decency that he would not even allow a respectable period of mourning without voicing his desire to nominate and get a justice confirmed ASAP. Why the haste? Could it be that he wants a majority of the Supreme Court in his corner in case the election is contested, which it surely will be? Or could it be that he knows he’s going down in defeat and wants this win so he can go out in a conservative blaze of glory? Whatever the reason, clearly he and the Republicans want to move with lightning speed toward a confirmation and will pull out all stops to get it done. I’m sure Trump and others who support him are hoping it can be done before the election.

So far, Lisa Murkowski and Susan Collins are the only Republicans who have come out in opposition to confirming a replacement before the election. Two more are needed to block the Senate vote. Will any other Republicans break ranks with Trump and the McConnell team?

This being an election year for many Senators and with Trump lagging in the polls, some may be weighing the merits of continuing to support Donald Trump. They may see him as more of a liability than an asset. But do enough have the political backbone to stand up and be counted? We haven’t seen any evidence of that in the past. Can this be any different?

Liberal progressives can only hope. They can also contact their Senators and make sure they are on board with the American people. Most of whom want fairness, and fairness demands a delay until after the election, which is now 42 days away. Waiting that long does not seem unreasonable.

The “Biden Rule,” which McConnell and others based their delay of the Obama nomination on, refers to a remark made by Joe Biden in 1992 to the effect that no Supreme Court nomination should be confirmed during the last year of a Presidential term, i.e. during an election year. If that is applied today, as it was to President Obama’s nominee in 2016, there would be no confirmation hearings until after the election. In fact, many would prefer to wait until after the new President is sworn in on January 20th, unless, of course, the “new” President is Donald Trump, in which case waiting is not an issue.

So, as if this election were not already of paramount importance, the death of Justice Ginsburg has elevated it into the stratosphere of political importance. We will be voting for both a President and a Supreme Court Justice. One could argue that the Supreme Court Justice is more important than the Presidential race. It will certainly have a much longer influence. On the Court’s balance sit the Affordable Care Act, Roe vs Wade, Gun Control, and a host of other issues.

[Update] As it turns out, the President has said he will announce his nomination tomorrow (Saturday, September 26) and Senator McConnell has promised a quick confirmation process which may be completed prior to the election.

Since 1975 it has taken an average of 70 days for the Senate to confirm a nomination. Could they do it in the 42 days remaining before the election? Surely they could, but this being an election year, many Senators will be out on the campaign trail. So, it seems unlikely.

The Senate does have other important business that it must attend to including passing a government spending bill prior to the current one expiring at the end of September and passing further Coronavirus economic relief/stimulus legislation. Will they elevate the importance of the Supreme Court Nomination above these other vital concerns? If so, how will that play with voters? We can only wait and see.

One thing for sure, an interesting election has become even more interesting and important. Hopefully, everyone will be paying attention and will get out and vote. It is our opportunity to have a say, limited though it is, in how our government is run and how it will be run for the next several years. After all, Supreme Court Justices are appointed for life.