Marc Short, Vice President Mike Pence’s chief of staff gave Jake Tapper a lesson on Senate SCOTUS confirmation. But Tapper still didn’t get it.
Tapper asked Short about the hypocrisy of the Republicans trying to name a Supreme Court justice in an election year. They point to 2016 and the Republican’s refusal to vote on the nomination of Merrick Garland. That’s like comparing apples to oranges.
The truth is the Republicans could stop Garland’s confirmation but the Democrats can’t. Had the Senate voted down Garland, Obama could nominate someone else. The Democrats do not have that power. Not one Democratic vote is needed to confirm a SCOTUS judge. Republicans can confirm the nominee without them.
“You heard President Clinton say that all this flip-flopping by Republicans on the issue of nominating a Supreme Court justice during an election year will only increase public cynicism.”
“So the Trump position for a Democratic president was ‘delay, delay, delay,’ but for him it’s urgent to confirm someone now. How do you push back against the impression voters are gonna have that there seems to be absolutely no principle at stake here, it’s just about raw power?”
Short revealed that 29 justices were nominated in presidential election years. 9 of 10 nominees were confirmed before the election. 8 of 9 were confirmed during the lame-duck session when the Senate and White House were controlled by the same party. Of the ten where the White House and Senate were controlled by different parties 9 of 10 nominees failed. The one successful bid occurred in the 1880s.
“Take the separate scenario in which the party in control in the Senate is a different party than the president. There are 10 such vacancies. Only one out of 10 was filled before election day, and you have to go back to the 1880’s to find that example under Grover Cleveland’s presidency. So actually the historical precedent is pretty clear. When you have a party in power in the Senate whose job it is to advise and consent and confirm the president’s nominee, it continually has shown historically that that is the job of the Senate to confirm the president’s nomination, and history shows it’s the president’s obligation to make a nomination.”
Short noted that both 2016 and 2020 fall into the exact same pattern that has existed since George Washington. Nothing has changed. The Democrats are now talking about packing the Supreme Court. But packing the court is not an easy task. The Democrats would have to retain the House and win the Senate and the presidency. It takes both Houses of congress to pack the court, along with the president’s signature.
Then the question becomes if the Democrats can make the confirmation filibuster-proof. But Ii Republicans sweep, shouldn’t they pack the court? Add 30 justices, all conservatives. The same Democrats now calling for a packed court would squeal like pigs. But it would still be legal.
In reality, we could have a constitutional crisis if we don’t have nine justices on election day. Should Trump win, the Dems will try to steal the election in court and the court would be knotted at four each. They would be unable to settle disputes. That would be a disaster. It would completely cloud the election.
Short is right. The Republicans should plow right ahead. They should replace Ginsberg. Many liberals are cursing her for not resigning during the Obama/Biden regime. Liberals are quick to eat their own. Nothing can get in their way of obtaining power by any means necessary.
Another conservative on the court would give the Republicans the advantage for the next two decades, despite Justice Roberts.
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