Who ever thought Trump would be more of a statesman than Joe Biden (and every other Democrat)? But here he his, paying respect to the late Ruth Bader Ginsburg (who openly disliked him), promising to add another woman to the high court, and following his constitutional duty. In contrast, Biden is speaking in somber tones about honoring the people’s wishes, while his proxies threaten to burn it (whatever it is) down and pack the Supreme Court.
By constitution and precedent, a sitting president can nominate a federal judge – even to the Supreme Court – up to his last day in office, and any sitting senator can advise and consent. One-third of all US presidents have appointed a Supreme in an election year, including six lame ducks. Still, Democrats are crying “foul” and promising every retaliatory maneuver imaginable, because Merrick Garland is not on the Court.
At issue here is the decision by Senator McConnell (R-KY) not to approve the appointment of President Obama. Clearly the circumstances today are quite different, as McConnell has consistently explained: (1) voters installed a Republican majority to check Obama, (2) either winner, be it Trump or Clinton, could appoint the next justice, (3) Trump is up for re-election, and (4) Republicans control the White House and Senate.
To his credit, Obama took the checkmate in stride. After all, it was on his watch when Senator Reid (D-NV) ended the filibuster on lower court nominees. Today, so-called liberals have flip-flopped, including RBG on her death bed. In fairness, flip-flopping is the political norm and preferable to inflexibility or stupidity. In businesses and households, flip-flopping is the prudent reaction to new information, and the GOP just learned it can replace RBG with a conservative woman.
As a practical matter, the GOP flip-floppers are actually governing, whereas Dem flop-floppers are only campaigning. Senator Schumer (D-NY) interrupted his Rosh Hashanah to threaten Republicans just hours after RBG’s death. Meanwhile, the GOP counted and announced they had the votes to hear and confirm the President’s nomination. Credit Republicans for being calm and transparent.
Democrats were petulant and pernicious without even knowing the nominee’s name. Schumer is falsely proclaiming he will stop the process (how) and Biden won’t provide his short list. The optics are terrible, if they care about swing states; and can get much worse. What if Trump appoints recent confirmations Amy Coney Barrett (Catholic) or Barbara Lagoa (Hispanic)? Average Americans won’t approve of Kavanaugh II, pro-choice screamers, or Antifa and Black Bloc violence.
Because the Democrat Party is a coalition of single-issue constituents, its leaders can’t stop the crazies from behaving badly and being memorialized on social media. This, more than anything, turns Democrats into independents and independent voters into shy Trump voters. The average voter is rightly focused on family, business, and community – not issues like funding Planned Parenthood or requiring voter IDs.
Democrats have an opportunity to reclaim the middle. Accept consequences of elections and constitutional constructs. Ask real questions of nominees and listen with genuine curiosity. Advance policy through Congress instead of the Courts. Restore the party of John Kennedy and Bill Clinton – even if AOC launches a 3rd party. There are tens of millions today that want common-sense moderation and Kennedy-Clinton charm – and many more that just want the protests and riots to stop!
