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This week a long awaited Supreme Court vacancy opened with the passing of Ruth Ginsburg, with two more looming retirements on the horizon. Over the past forty years, beginning with the Marshal vacancy, positions on the supreme court have evolved into reserved seating. Every vacancy on the nation’s highest court now needs to be filled by an “appropriately” aligned person. For example, there is a black seat on the Supreme Court, an Hispanic seat, multiple female seats, and in an ideal world, four liberal and four conservative seats where the ninth seat’s something of a dealer’s choice. With the vacancy left by Ruth Ginsburg, many pundits, particularly those on the left, will demand the seat be filled by a) a liberal, and b) a woman. Others will assert the need a person of color while there will be those who advocate for a person of nontraditional sexual orientation. Somewhere in all that pundits may actually even suggest someone competent be nominated, but this is Washington after all, a place where competency for position has never been a convincing criteria.
The chaos that is about to ensue will be great sport, but what it portends for our nation, and particularly for President Trump, is not looking good. First there is the Biden Rule that must be addressed. Basically the Biden Rule stipulates that should a Supreme Court vacancy open during an election year, that seat should not be filled by the current president. Rather, the seat should be filled by the soon to be elected president. On the surface it makes sense, because then filling the vacancy can be decided in part by the voters based on who they elect president. The problem with the Biden Rule is that none of the previous presidents in that position abided by it. President Obama attempted to fill a vacancy during the last few months of his term as did Bush II, for which the Biden Rule was established.
Republican Senate Majority Leader, Mitch McConnell has already announced he will bring a nominee to the floor of the Senate for a vote and has counseled his caucus members to not comment on how they’d vote regarding a Supreme Court vacancy in an election year. Radical liberal Congresswoman Cortez has already called for weaponizing the the Supreme Court vacancy as a catalyst for achieving massive Democratic voter turnout in November. After observing Congresswoman Cortez for a couple of years, I have concluded that she’s not very intelligent, however, on this matter she’s spot on.
The biggest worry Democrat’s had going into the November election was a profound lack of enthusiasm for the the Harris-Biden ticket – and yes I listed that correctly. There was little interest in Harris or Biden as candidates and even less in the extreme progressive views they espoused. A poll last week, prior to Justice Ginsburg’s death, found that Independent voters were breaking for Trump four to one over Biden, which was even more bad news for Democrats.
That all changed this week, evaporating as quickly as a Detroit Lions fourth quarter lead. In the coming weeks you will witness a mobilization of liberal activist that would make Portland look like a sleepy West-Texas farm town on a Tuesday night. You will see money and endorsements flow into the Biden campaign that has never been imagined in modern politics. And all of this will happen while President Trump attempts to navigate a no-win situation that makes Captain Kirk’s Kobayashi Maru seem like a casual game of cribbage. Perhaps President Trump can borrow a page from Star Trek and do what Kirk did when faced with a no-win situation; change the situational parameters.
If the President does not appoint a nominee to fill the vacant Supreme Court seat, Republicans risk losing a chance to dramatically shift the balance of the court to the right for a generation. If he does appoint a nominee, the confirmation process will so dominate every news cycle that Trump’s campaign will be lost in the noise like a senile old man watching reruns of Jeopardy in his basement. At the same time, the longer an open seat hoovers over the political landscape the more liberals will rally around their turn-out-the-vote efforts.
If you thought the outright lies and distortions Justice Kavanaugh had to endure from the left were viscous, wait until you see the onslaught unleashed by Democrat’s over Trump’s next nominee. You already know that the nominee will be accused of a sex crime by a college professor from California. You know there will be attacks on the nominee’s religion, their crazy conservative positions, and liberals may even go so far as to suggest the nominee likes to hunt, fish, and spend time outdoors with their family, activities far worse to loony liberals than Satanic rituals.
The only thing that President Trump has to be grateful for is that Justice Ginsburg did not pass closer to the election. Perhaps in the age of twenty-four hour news cycles, the issue of a Supreme Court vacancy will run it’s course in a few weeks and we can all refocus on the placebo vaccine that’s due for release in late October.
Since this will probably be the last time you hear the word COVID mentioned, join me a fun little drinking game; every time you hear anything related to COVID mentioned on CNN or MSNBC between now and November, take a drink. COVID my dear friends, is a crisis that has run it’s course, liberal Democrats have much bigger fish to fry now and can’t be bothered with that silliness any longer. Besides, Nancy needs to get her nails done before the election.