Amy Coney Barrett is a good, honorable judge. It’s one of the reasons why Donald Trump nominated her for the Supreme Court, replacing the late Ruth Bader Ginsburg. Even the left-leaning American Bar Association has said that she’s more than qualified for the position. So, why is it that the Dems are throwing a temper tantrum?
The Dems don’t want Amy Coney Barrett because Trump chose her. They don’t want Amy Coney Barrett because they want “their” president to choose the next Supreme Court justice.
The ACB hearing is moving forward because it’s the necessary thing to do. At all times, the US needs to maintain a working government. This means having nine justices in the Supreme Court to deal with issues that arise. Otherwise, there’s the possibility of a tie. Particularly as Election Day approaches, the possibility of the Supreme Court needing to address concerns is high.
The Dems, though, are grasping at straws. They are calling the ACB hearing illegitimate because it’s happening so close to Election Day. It’s not illegitimate and they all know it. It’s been explained to them that history supports the ability to move forward.
From 1796 to 1968, there were 19 instances when presidents have worked to fill a vacancy in the Supreme Court during a presidential election year when their party was also controlled by the Senate. 10 of such nominations occurred prior to the election – and 9 of those 10 instances were successful.
It’s happened before and it will happen again. The Dems simply hate that it’s happening because they want to use the Supreme Court as a tool to help them win more cases. If the president and the Senate agree on the nominee, the timing doesn’t stop them. It’s simply the way it is.
The Dems are being childish – and that can be seen with the Senate Democrats deciding to boycott. As Chuck Schumer, Senate Minority Leader has said, “We are boycotting this illegitimate hearing.”
Senate Judiciary Dems are boycotting tomorrow’s markup of Judge Barrett’s nomination: “We will not grant this process any further legitimacy by participating in a committee markup of this nomination just twelve days before the culmination of an election that is already underway.” pic.twitter.com/4wg0W3XNiA
— Jason Donner (@jason_donner) October 21, 2020
There’s nothing illegitimate, though – and they have yet to come up with any kind of sensible argument to prove otherwise. If there have been 19 instances in history where the president and Senate have moved forward during an election year to choose a candidate and conduct a hearing, there’s no reason that it can’t happen now.
What the Senate Democrats don’t want to admit is that they’re throwing a temper tantrum because it would mean that President Donald Trump would have gotten to choose three of the current justices and Barack Obama only got to choose two. When Barack Obama nominated a third (during a presidential year), the Senate majority was of a different party affiliate – and it didn’t go through.
It’s the luck of the draw. Some presidents get to confirm more than others. Ronald Reagan was able to confirm four Supreme Court justices during his time in office. So was Nixon.
There’s no way of knowing when a Supreme Court justice is going to die. Dems had urged Ginsburg to retire during Obama’s time in office but she chose not to do so. As a result, the time came during Trump’s administration to appoint.
Leaving the position empty through the election is careless and dangerous. As Senator Ted Cruz warned, it could send the country into unchartered territory because of the risk of a tie if the two campaigns begin suing states over ballot counts.
As the Senate moves forward, the Senate Judiciary Committee Chairman, Lindsey Graham explains, “We are not going to allow them to take over the committee. They made a choice not to participate.”
Sen. Lindsey Graham after Senate Judiciary Committee Democrats said they would boycott tomorrow's markup of Judge Barrett: "I will move forward. She deserves a vote.”
Graham also replied "No" when asked if two members of the minority party needed to be present for a vote.
— Jason Donner (@jason_donner) October 21, 2020
The problem with the Dems choosing to boycott is that there’s not sufficient quorum to move ACB out of committee. There’s no way to vote because of, as the Dems call it, the “breakneck speed” in which the GOP Senate is moving to finish the confirmation.
What choice does the Senate have, though? Election Day is around the corner and it’s critical that the Supreme Court has an odd number of judges. Filling the seat with Amy Coney Barret is sensible. She’s an originalist, and she’s even a Catholic just like the Dems’ presidential candidate, Joe Biden. What’s the problem? The Dems didn’t pick her.