Sunday, September 27, 2020

9.27.20: The President's Supreme Court Nominee Isn't There to Save Him

The respective interviews today with Senators Roy Blunt (R-MO) and Corey Booker (D-NJ) are superfluous due to all the answers they gave on Supreme Court nominee Amy Coney Barrett make no difference in the what is to come. Judge Barrett will be confirmed by the Republican-lead United States Senate before the election on November 3rd. 

Never mind that Senate Republicans four years ago said that a Supreme Court Justice shouldn't be confirmed in an election year and denied Judge Merrick Garland (President Obama's nominee) hearings. The hypocrisy of Republicans is baked into their political cake and frankly, they don't care about being called out on it. It's an opportunity at a naked power grab and there is no doubt that Republicans will take advantage of it no matter what Democrats in congress say, no matter what the press says and definitely no matter what the will of the American people is. 

Judge Barrett will be confirmed before the November election. Hard Stop. 

However (there's always a however), and Senate Majority Leader Mitch McConnell certainly knows this, the effect of this confirmation is not going to bode well for Republicans in the election. This confirmation is going to motivate Democratic turn-out in a major way and will also sway independents toward Joe Biden and Democrats down ballot. Republican voters still left to vote may not feel as motivated because they got 'their pick.' But none of this matters because Mr. McConnell already sees the writing on the wall. The Republicans in the Senate are headed for the minority and in the lame duck session it will be politically untenable to confirm a justice. Given this, why not get out of the majority what Republicans can while they can? 

Also, much has been made of President Trump's judicial nominee list for the Supreme Court and part of Republicans rhetorical argument is that Joe Biden has presented a list because he's a tool of the left. This column finds this tact typically Republican. We all know that Mr. Trump's list is in actuality not his list, but a list provided to him by the Federalist Society so couldn't the argument be made that the Trump is a tool of the right when it comes to the court?

The president has said that nine justices on the court are a necessity to resolve any election disputes, but if the polls and Mitch McConnell's calculations are correct, the Supreme Court won't be a factor in deciding the election like in 2000. Instead, this shift in the court will address something more important to Republicans, which is getting rid of the Affordable Care Act, that's the real motivation. Even if Joe Biden is elected, the court could strike down the ACA, which would be invalidated around June when the decision comes and then some months after until it's void. There is no way to recover the bill in time so that millions of Americans won't lose their healthcare. Republicans pay lip service to preexisting conditions and keeping young adults on their parents' plan, but without the ACA those two aspects will become unaffordable.

What this nomination does and what the president said this week about not committing to a peaceful transfer of power, something that Senator Booker described as menacing our democracy, all serve to distract from the fact... the fact that Mr. Trump has presided over the fourth largest mass casualty event in American history - his horrendously inexcusable handling of the coronavirus pandemic. 

Over 7.1 million Americans infected and 204,450 (756 yesterday) dead. (source: NY Times)

So the complainer-in-chief who famously doesn't prepare for debates (the one upcoming on Tuesday being no exception) better not be surprised when those numbers and that failure are shoved into his face during the debate.


Panel: Yamiche Alcindor, PBS; Peter Baker, The New York Times; Lanhee Chen, fellow at the Hoover Institute at Stanford; Claire McCaskill, fmr. Senator from Missouri l Court Press 



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