Voters should only give Republicans the power to install good judges if representatives are ACTUALLY going to use it!
Now that Donald Trump has gone full cuck on immigration, it is the siren song of judicial nominations that will be the lone, barely hanging chad of his pseudo-legitimacy as the Republican candidate for president in 2016.
Forget for now that Republicans have done a terrible job in the past of “saving the courts” in the name of defending the Constitution’s enumerated powers (I’m looking at you John Roberts, Anthony Kennedy and David Souter). Let’s just play a fun game and pretend the GOP has been like the love child of Michael Jordan and Joe Montana when it comes to declaring victory on a hostile and craven judicial landscape.
For such a fantastic fiction to continue, here’s the simple two-step recipe America needs to follow:
- Republicans must retain their Senate majority, which the most up-to-date numbers say they’re in danger of losing.
- And even if they do retain their Senate majority, they must be willing to use the so-called “nuclear option” to break any Democrat filibuster. The occurrence of which is a metaphysical certitude against a truly constitutionalist judge.
It is already at this point I would rather welcome the sulfury relief of the Sweet Meteor of Death than delve into the details of Trump’s ghastly down-ballot coattails. Or the total lack of courage and conviction within the GOP’s ranks. What was it a jurist once said about not being able to define obscenity, but knowing what it is when he sees it? Not to mention it’s hard to imagine the same Trump, currently abandoning his most passionate campaign position (immigration), can be trusted to keep his word as president on judicial appointments.
But remember, I asked us to play a game. And as the famous street philosopher Omar once said: “The game is out there and it is either play or get played.” Well, as per the Senate, the GOP is getting played like a drunken bagpipe performance.
According to Larry Sabato’s Crystal Ball website at the University of Virginia, the Republican’s current majority of 54 is now subject to an election with 24 GOP and 14 Democrat seats at stake. Only the despicable seat of Sen. Harry Reid, D- Nev. (F, 2%) is deemed up-for-grabs on the Democrat side of the ledger. However, two GOP states— Wisconsin and Illinois — have already flipped in Sabato’s eyes, and five are in the up-for-grabs category on the Republican side. Oh, and that includes the kinda/sorta/maybe important electoral vote strongholds of Florida, Ohio, and Pennsylvania.
You know, places where Trump is making an historic attempt to spend almost nothing and organize almost nowhere. Makes about as much sense, though, as Trump’s campaign manager saying his legions of rock-solid followers are just too embarrassed by their messiah to be accurately counted right now. So I’m sure there’s an internal logic in there somewhere that I’m simply immune to.
Perhaps because I’m not crazy. Or named Ann Coulter. But I repeat myself.
But let’s say the GOP ekes this thing out and retains their Senate majority. Does anybody really believe the same Sen. Mitch McConnell, R-Ky. (F, 42%), who as minority leader opposed defunding Obamacare, and as majority leader funds all of Obama’s schemes because he is terrified of a government showdown, has enough rough and tumble in him to enact the nuclear option?
Truth is, the little-used procedural option of unilaterally changing the Senate rules via simple majority, and thus bypassing a filibuster, is the only surefire way to get a judge we won’t have to babysit or bite our nails when they go into deliberation. Otherwise, we are left with that empty “vote Republican for good judges” talking point they’ll still be selling us long after all the Bible-believing Christians are in jail for their beliefs.
We have been lectured over and over again with the question “what about the judges?” That’s funny. Because the hysterical bottom line is if you don’t favor the use of the nuclear option in order to approve one of them, it is you who could truly care less about the judges and not #NeverTrump.
Therefore, I’d like to suggest a modest proposal to settle this matter.
Senator McConnell should go on television and pledge his life, fortune, and sacred honor that if you help elect Trump president, and retain the GOP’s Senate Majority, he will use all tools at his disposal to put a true constitutionalist on the U.S. Supreme Court. Including the use of the so-called nuclear option if necessary. That nothing, not even “Senate tradition,” will stand in the way of securing the courts, because they’re just that important.
For if they’re not willing to use their power there’s no point in granting them any.