Democrats blocking Barrett would bring chaos
In 2016, the Orlando Sentinel demanded that the U.S. Senate fulfill their “constitutional responsibility” when it came to President Obama’s nomination of Judge Merrick Garland. Fast forward to 2020 and the Sentinel seems unwilling to hide its scorn for President Trump, Sen. Rubio, and the same constitutional process for the current Supreme Court vacancy.
No matter who wins in November, Donald Trump will remain president until at least Jan. 20, 2021. Under Article II, Sec. 2, of the U.S. Constitution, it is his duty to nominate someone to the Supreme Court with the “advice and consent” of the Senate, which can confirm or reject the nominee. Every president since George Washington has exercised this constitutional authority when a vacancy has occurred in an election year.
Not surprisingly, when the president is from one party and the opposing party controls the Senate, the Senate can delay consideration of the president’s nominee until after the presidential election. That’s what happened in 2016. But in 2020, Republicans control both the
White House and the Senate.
In 2016, the Sentinel wrote: “Earth to McConnell: The American people have had a loud voice in this nomination. They have twice elected Obama — by comfortable margins. They’ve also elected senators, including Bill Nelson and Marco Rubio of Florida, to consider it.”
During the 2016 campaign, President Trump took the unprecedented step of publishing a list from which he promised to choose any Supreme Court nominee and pledged to nominate jurists in the mold of Antonin Scalia. He has kept that promise, nominating over 200 extraordinary men and women to the bench, whose judicial decisions bring stability to the rule of law, rather than legislate desired policy outcomes from the bench. That authority belongs to “We the People and our elected representatives.”
The American people should have known exactly the type of judges President Trump would choose when they elected him along with a Republican majority in the U.S. Senate, a majority of voters expanded in 2018. The nomination of Judge Amy Coney Barrett is yet another example of President Trump keeping the promise he made to voters. A Republican Senate has every right to confirm her nomination this fall. I am grateful that Florida Sens, Marco Rubio and Rick Scott intend to exercise their constitutional authority and move forward with Judge Barrett’s nomination. After all, as the Sentinel once suggested, that’s the job they were elected to do.
Democrats object to this constitutional process and have threatened to retaliate if they win back the Senate, even if it brings chaos and constitutional crisis. Rep. Joe Kennedy tweeted, “If [McConnell] holds a vote in 2020, we pack the court in 2021. It’s that simple.” And Sen. Ed Markey proclaimed, “we must abolish the filibuster and expand the Supreme Court,” a move Justice Ginsburg herself believed would politicize our judicial system. Others have discussed adding Washington, D.C., or Puerto Rico as states, intended to create enough Democrat-controlled seats to ensure a permanent Senate majority. Senate Minority Leader Chuck Schumer put force behind these threats saying, “everything is on the table.”
The Democrats have announced they will change the rules if that’s what it takes to control our court system. In contrast, Republicans say they are not looking for judges who will vote for “conservative” outcomes, but rather judges who support stability in the rule of law and fidelity to our Constitution. Judge Barrett is a model of that kind of judge. One who will base her decisions on what the law is, not what she wishes it to be. She says her decisions will turn on neutral principles, even when the outcome doesn’t match her own personal views.
Democrats and Republicans have starkly different views about the proper role of a judge in our society. This election presents a clear choice: stability in the rule of law and fidelity to the Constitution or the politicization of our courts. Democrat threats to game the system if they win this November are now on the ballot. As Americans vote, they should keep this choice in mind.