Generally, this blog attempts to give issues a few weeks or months to breathe, so that more rational and critical analysis can take place. In most cases, this would remain true, but these are uncertain and perilous times. With an election that looks to be fraught with intrigue, supposed and actual voter fraud, continuing rioting in the streets and ever deepening racial and political divides, it seemed prudent to speak out on this pressing topic; the open slot on the Supreme Court.
The passing of another human being, unless they are the worst of the worst, should at least marshal some feeling of supreme sympathy, perhaps even empathy. For this a path we all must take at one point or another, and not respecting this tradition would be counter to all which this society is built on. Whether the passing of Supreme Court Justice Ruth Bader Ginsburg creates opportunities and newfound weakness is relevant yes, but it also shouldn’t steal from the raw loss of life.
As to the matter of politics and American society, this is a moment of inflection. Does American virtue take a backseat to the mob, letting the thugs in the streets determine the political and judicial future of America? Or does sober and judicious principle stand tall in the face of vileness and debauchery? This upcoming battle will not only determine the fate of American judicial precedence, but will determine what strength can be expected from the conservative/libertarian segment of American politics for many years to come.
Why is this important? When facing an adversary, the battle doesn’t always come down to actual strength and numbers. Sometimes, a show of force or strength can preclude the need for the use or show of force in the future, or at the minimum, a respect for the fact that strength will be implemented when necessary. By standing up during this desperate hour concerning the election, the fate of the highest court in the land, and not kowtowing to the mob, will both tell the mob that they have a challenge, and hopefully will be an inspiration to our descendants in the decades to come.
Fighting for this seat is of vital importance for another reason; the avoidance of a potential 4-4 court decision regarding the presidential election. Should the battleground states have election fraud, election law and election eligibility contentions at play, a final decision in the model of a Bush v. Gore scenario, albeit with a contentious 5-4 decision, allowed for a rightful Bush presidency to commence on schedule. A 4-4 decision would either push a decision(s) back to a lower court decision(s), causing more than distraught passion among one political camp, or worse yet, indecision would lead to no victory for either campaign, and Acting President Pelosi would take over, undoubtedly destroying much of Trump’s successes.
The Left is scared that this dynamic could not only change the electoral outcome (cheating will become harder at the least), but the Supreme Court will be altered for at least a generation, perhaps even part of the subsequent one. This is an overblown, yet legitimate concern on their side. However, the question crystallizes… if the shoe was on the other foot, and the Democrats had this amazing opportunity, would they waste it? Of course they wouldn’t, but nevertheless, they continue to moan and groan, hoping to stop a seemingly inevitable movement they are upset about.
Today, the now oft commented on McConnell Rule is either derided or praised. In essence, when there is an election year for the presidency, and the sitting President is of one party, and the Senate is of another party, the seat should remain open until the election has concluded. Cries of hypocrisy and subterfuge rain down like the Lord of Hosts blotting out the sinful outposts of Sodom and Gomorrah, but something is forgotten, no matter how obvious. The current state of American politics has placed the Republicans in charge of the Executive branch, and the Senate, the other element necessary to place a Supreme Court Justice.
Leaving aside that this proves a totally different situation we all face today, as opposed to 2016, another thing that people tend to forget, is that President Obama was on his way out of office, forced out by the term limits imposed by Constitutional amendment. President Trump meanwhile is in the fight of his life, facing the most brutal of campaigns to maintain his position for another four years. It is hard not to laugh at all the inconsistencies of both the Democrats’ frustration, but also at their poorly formulated counterattacks, yet the squeals of their supporters, which become evermore dangerous with the actualizations of fire, fists and clubs, creates another pressing urge to settle this nomination process.
Regardless of who occupies 1600 Pennsylvania Avenue in 2021, it is incumbent on the President to fulfill his Constitutional responsibilities. With the current status the country is facing now, with the political tension, the physical safety of millions of Americans in peril, and the lack of certainty regarding coronavirus, it is of the utmost importance that President Trump and the United States Senate provide some modicum of assurance to the American people. Leaving a vacancy on the Supreme Court, in the midst of an ever-changing election atmosphere, an election that will both shape the American landscape for many decades, and will be of similar importance to Lincoln’s reelection in 1864, Reagan’s election in 1980, is a nonstarter. It is crucial nothing is left to chance. President Trump and the Republican Party therefore must forge ahead, drowning out the shrill voices of contempt and continual doomsday prophecy. This, besides the actual election itself, will be the greatest political issue of 2020, and deserves near equal focus and dedication as well.
Sincerely, your humble servant,
Winston Publius
The Classical (Trumpian) Liberal 