Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Memo: Court battle explodes across tense election landscape
The Hill ^ | 09/19/20 09:15 AM EDT | NIALL STANAGE

Posted on 09/19/2020 10:42:46 PM PDT by robowombat

The Memo: Court battle explodes across tense election landscape BY NIALL STANAGE - 09/19/20 09:15 AM EDT

A new, incendiary ingredient has been added to the explosive political atmosphere as Election Day looms.

The death on Friday of 87-year-old Justice Ruth Bader Ginsburg sparks an instant and ferocious fight over the Supreme Court.

Ginsburg was the de facto leader of the court’s four-member liberal bloc and an icon to progressives. Her death clears the way for President Trump to nominate a successor in the final days of his first term.

Trump could lock a conservative majority in place on the court for a generation. The effect on some of the most divisive issues in American life, from abortion to corporate power to race relations, would be profound.

Democrats and liberal activists will strain every sinew to thwart him.

The political calculations around replacing Ginsburg are fraught.

Trump could proceed as quickly as possible in naming a successor, aiming for a Senate confirmation vote before Election Day on Nov. 3.

There is one big potential reward to that approach for the president — and a number of dangers.

The upside for Trump is that putting a third conservative justice on the court would demonstrate beyond doubt that he has delivered on one of his chief promises to social conservatives.

He has already put two justices on the high court — Neil Gorsuch in 2017 and Brett Kavanaugh in 2018. Evangelicals who backed Trump four years ago, despite misgivings over his tumultuous private life, would feel richly rewarded if he added a third conservative, creating a 6-3 majority.

But it’s not quite as simple as that.

Trump might gain even more electoral leverage if he held off from an instant nomination — or named his choice but allowed the Senate confirmation process to play out after Election Day.

Under this theory, he would be raising the stakes for his own reelection, dangling the prize of a third conservative justice before his voters. The prize would be guaranteed only if they came out in sufficient numbers to vanquish Trump’s Democratic opponent, Joe Biden.

There is a second advantage to the delayed approach: It spares Republican senators facing tough reelection fights from taking a hard vote before Nov. 3.

Such concerns are particularly relevant to Sens. Susan Collins (Maine) and Cory Gardner (Colo.), who are among the most endangered GOP incumbents. Sens. Thom Tillis (R-N.C.) and Joni Ernst (R-Iowa) would also have their political lives complicated by a vote on a Supreme Court nominee.

Republicans can afford only three defections on any Senate confirmation vote, assuming Democrats march in lockstep against any Trump nominee. At least two GOP senators who do not face reelection this year, Lisa Murkowski (Alaska) and Mitt Romney (Utah), could also buck the party line.

Murkowski has previously stated she would not want to confirm a Supreme Court justice in the immediate run-up to the presidential election. She cited her own party’s blockade of then-President Obama’s nominee, Merrick Garland, for much of 2016, following the death of Justice Antonin Scalia.

At that time, Senate Majority Leader Mitch McConnell (R-Ky.) argued that “the American people should have a voice,” via the imminent election, on any new justice. Trump won the election, and Garland never received a vote.

In a statement about an hour after Ginsburg’s death became public, McConnell indicated he would move ahead with any Trump nomination. “President Trump’s nominee will receive a vote on the floor of the United States Senate,” McConnell pledged.

The wording left leeway for a vote that would be held after the election but before the new Senate is sworn in.

Such a move would provoke Democratic wrath, however — especially if Trump loses the election. In that scenario, “lame duck” GOP senators would be handing an enduring legacy to a defeated president on his way out the door.

If that happens, all bets are off.

Some Democrats, including former Hillary Clinton aide Brian Fallon, suggested on social media in the hours after Ginsburg’s death that their party should add new seats to the Supreme Court in such a situation. But that, in turn, would guarantee a furious counterreaction from conservatives, who would be outraged over an effort to pack the court.

Things have not reached that stage yet. But the battle lines are forming.

The Heritage Foundation, an influential conservative think tank, released a statement Friday calling for “the swift nomination and confirmation of a new justice.”

On the other side, former Obama aide Tommy Vietor reported a huge influx of donations to a fund set up via Crooked Media to support Democratic Senate candidates. According to one Vietor tweet, almost $6 million surged into the fund between 5:30 p.m. Friday and 1:30 a.m. Saturday.

Obama himself released a statement close to midnight that paid tribute to Ginsburg before noting that the GOP blockade of Garland four years ago “invented the principle that the Senate shouldn’t fill an open seat on the Supreme Court before a new president was sworn in.”

Obama added, “A basic principle of the law — and of everyday fairness — is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment.”

The weeks ahead will ratchet up a political temperature that is already close to boiling point.

The most polarizing president of modern times is about to either win a second term or be ejected from office.

The election will take place against the backdrop of a once-in-a-century pandemic that has claimed roughly 200,000 lives. The nation is beset by economic challenges and roiled by racial tensions.

Harris honors Ginsburg, visits Supreme Court Momentum growing among Republicans for Supreme Court vote before... Now, a pitched battle between polarized political tribes over the high court is underway.

There are choppy waters ahead.

The Memo is a reported column by Niall Stanage, primarily focused on Donald Trump’s presidency.


TOPICS: Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS:

1 posted on 09/19/2020 10:42:46 PM PDT by robowombat
[ Post Reply | Private Reply | View Replies]

To: robowombat
Ginsburg was the de facto leader of the court’s four-member liberal bloc and an icon to progressives.

Who will be the new leader of the "progressive" bloc?

2 posted on 09/19/2020 10:47:06 PM PDT by Cowboy Bob (Mocking Liberals is not only a right, but the duty of all Americans.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cowboy Bob

The new leader will be justice Roberts of course!!


3 posted on 09/19/2020 10:48:32 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
[ Post Reply | Private Reply | To 2 | View Replies]

To: robowombat
Trump might gain even more electoral leverage if he held off from an instant nomination — or named his choice but allowed the Senate confirmation process to play out after Election Day.

That is the purpose of this whole article.
4 posted on 09/19/2020 10:51:23 PM PDT by JoSixChip (Its not about color, its about character.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: robowombat

NYT IN AN INTERVIEW ASKED RUTH B GINSBURG: “IF THE SENATE HAD AN OBLIGATION TO CONSIDE R OBAMA SUPREME COURT NOMINEE IN AN ELECTION YEAR.

GINSBURG SAID: “THAT’S THEIR JOB. THERE’S NOTHING IN THE CONSTITUTION THAT SAYS THAT THE PRESIDENT’S STOPS BEING PRESIDENT IN HIS LAST YEAR.”


5 posted on 09/19/2020 11:10:17 PM PDT by UMCRevMom@aol.com
[ Post Reply | Private Reply | To 1 | View Replies]

To: JoSixChip
My favorite part is the part where The Main Sturmer Media suppresses the fact that 2-4 DemoCommie senators lost their seats over Kavanaugh.

Which is why Doug Collins in Bama is keeping his mouth shut over Corpseburg...

6 posted on 09/19/2020 11:18:07 PM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
[ Post Reply | Private Reply | To 4 | View Replies]

To: robowombat

Oh, thank Goodness, the MSNBC regular guest is chiming in /S

7 posted on 09/19/2020 11:22:21 PM PDT by BookmanTheJanitor
[ Post Reply | Private Reply | To 1 | View Replies]

To: robowombat
Ginsburg's death sucks the wind out of the Democrat campaign playbook. Now that the spot, RBG's sacred position upholding abortion is threatened, it will be "all in" for the Progressives to stop the Donald from getting yet another justice onto the US Supreme Court.

Already the chorus has begun and the media has already taken up the Dems taking points 'It was her dying wish that she not be replaced...'. That drum is being pounded loudly and furiously.

The Progressives and RINOs are predictably circling the wagons 'I will not vote for...". And the usual suspects, Colins, Murkowski, and Mitt Romney will seek to use it to their advantage. The Squishem's will be front and center soon in the coming media war against whoever will be the nominee. Soon they and the Dems will seek to hold hostage anyone they can in their desperation.

The only problem is that the cavalry that is coming is led by Donald J Trump who is well known for his narrative busting tweets and unexpected approaches. And I would be very afraid for the scum forming their circle. For the American people have been watching and they do not find amusing what the Dems/RINOs and their media have been doing.

The people's vote has been threatened by the Dems mail in vote harvesting scheme. their cities have been hollowed out by the Dems crushing COVID policy's and their blind eyes to those who have physically smashed their homes and businesses. No the are not amused and I suspect...

The American Giant has awoken, whose lips are moving, eyes flashing, forehead furrowed and about ready to ROAR IN ANGER!! For these have threatened the American giant and called it names. And it is not amused.

8 posted on 09/19/2020 11:24:02 PM PDT by CptnObvious (Question her now.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BookmanTheJanitor

MSNBC is “CON Cast”


9 posted on 09/20/2020 12:07:46 AM PDT by Gene Eric (On Don't be a statist!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: robowombat

Wow such powerful language. Vivid metaphors, etc. Not a battle, at least not yet. So far, one side had a psychotic break AGAIN. How that yowling banshees losing their minds is still news is beyond me.


10 posted on 09/20/2020 12:11:37 AM PDT by j.havenfarm ( Beginning my 20th year on FR! 2,500+ replies and still not shutting up!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: robowombat

Donald trump has just announced that he has switched parties. The now democrat president says that it is urgently important to nominate someone who can be confirmed by the republican senate. It is noted that even though he was not on the ballot as a democrat, trump received more votes in the primary than VP Biden.

Also, trump identifies as Black.


11 posted on 09/20/2020 3:57:48 AM PDT by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something)
[ Post Reply | Private Reply | To 1 | View Replies]

To: robowombat
creating a 6-3 majority

One of many lies in the article.

12 posted on 09/20/2020 5:26:20 AM PDT by palmer (Democracy Dies Six Ways from Sunday)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson