Sunday, September 20, 2020

SCOTUS Scaries - Who's afraid of the big bad hypocrisy

Not Lindsey Graham.

Not Mitch McConnell.

Not Donald Trump.

These people are shameless and simply do not care that we know it.

Check out John Cassidy’s New Yorker essay on how The Republicans Are Planning a Shameless Supreme Court Heist to Fill Ruth Bader Ginsburg’s Seat.

Nobody should be surprised at the shamelessness of this [GOP] maneuvering. Trump doesn’t do shame, of course. Neither does McConnell. In 2016, he denied hearings or a vote to Merrick Garland, whom President Barack Obama nominated to the Court nearly nine months before Election Day, following the death of Antonin Scalia. But with Trump in the White House, McConnell has signalled all along that he would bring a Republican nominee to the Senate floor this year if a vacancy were to open shortly before the election. The fact that Ginsburg’s passing came just forty-five days before Election Day was immaterial to the conscience-free Kentucky partisan.

If there were any ambiguity about Trump’s intentions, he removed it on Saturday morning, when he tweeted at his fellow-Republicans: “@GOP We were put in this position of power and importance to make decisions for the people who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court Justices. We have this obligation, without delay!” The battle has already started.

How to win this battle

Mark Sumner (Daily Kos Staff) reports that Hillary Clinton offers 3 steps Democrats can use to keep Trump and McConnell from stealing SCOTUS. Here is some of his post.

“From where I sit, Ruth Bader Ginsburg’s dying wish was not that McConnell would do the right thing. She knew he wouldn’t. It was that we would FIGHT LIKE HELL to preserve her legacy.” — Elie Mystal, The Nation

Hillary Clinton has offered a three-part plan for fighting against the rapid replacement of Justice Ginsburg:

1) WIN OVER GOP SENATORS ON PRINCIPLE.

There are dozens of Republicans who barely finished articulating why there could not be a nomination for a Justice during an election year. Not only did many of them voice this in 2016, some of them have continued to do so over the last four years in the most adamant terms; terms that having included things like “even if this was a Republican president.” It’s included telling America to “use my words against me” if they didn’t hold true to this claim. It may seem that there are no Republicans left willing to stand up for any principle, especially one they created out of convenience in the last election cycle, but that feeds right into the next point.

2) PRESSURE GOP SENATORS IN TIGHT RE-ELECTION BIDS.

There are definitely Republicans in red states who will feel like falling in line behind Trump and McConnell is the only option. But there are also those—like Susan Collins—who are already finding that standing too close to Trump is leaving them with radiation burns. Push them. Make this an issue. There’s absolutely no doubt that, no matter who Trump nominates, it will be some Federalist Society-approved ultraconservative, ready to tear down everything Justice Ginsburg accomplished and paint the nation in a shade of industrial repression gray. Make it clear that anyone voting for Trump’s nominee—anyone who even supports a vote on Trump’s nominee—is supporting the reversal of every gain made under Ginsburg.

3) USE PROCEDURAL OBSTACLES IN THE SENATE.

There are not nearly as many obstacles here as there used to be, because the idea that the Senate runs on rules has been simply discarded by McConnell—who regularly discards the idea of regular order to simply do as he pleases. Still, there are some shreds remaining. To start with, Democrats must refuse a continuing resolution so long as there is any threat of McConnell forwarding a nominee. Unless there is a binding agreement—an agreement that goes way beyond McConnell’s word—shut it all the #$%@ down. In addition, Democrats must deny the Senate unanimous consent. Not just unanimous consent on the nomination, but on everything. The Senate has less than two weeks of scheduled sessions in the remainder of the year. Democrats need to deploy every possible roadblock to scheduling hearings, holding hearings, bringing a nominee forward, scheduling a vote … these are delaying tactics, and there’s little doubt that McConnell will run over them all. Only, if the polls start to show that Americans aren’t happy about the nominee or the process, McConnell might start to lose some of these procedural votes.

And Americans are already not happy.

In Times/Siena polls of Maine, North Carolina and Arizona released Friday, voters preferred Mr. Biden to select the next Supreme Court justice by 12 percentage points, 53 percent to 41 percent. In each of the three states, Mr. Biden led by just a slightly wider margin on choosing the next justice than he did over all.

According to that poll, the desire to see Biden pick the nominee is actually higher than the base support for Biden. This could very well mean that the importance of this issue gets driven home to Republicans up for reelection in a very visible way.

But if any of the above is going to happen, it’s also going to have to happen in the streets, on the phones, and in every forum where Democrats—and everyone else—can make it clear that the legacy of Justice Ruth Bader Ginsburg must be preserved at all cost. She carried us this far. Now we have to carry her dream.

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