Shortly after the death of Justice Ruth Bader Ginsburg, the political battle about replacing her seat has begun. The Presidential nominee for the Democrat Party, Biden, tweeted his adamant opposition to President Trump for attempting to push through a nominee in the widow of the next 40 days. Joe Biden claimed that the nomination should wait until after the 2020 election in 44 days from now. Trump hit back at Biden, calling on the former Vice President to release his own list of potential Supreme Court picks and accusing him of being afraid to alienate voters by releasing the names ahead of November 3.
Unlike Ginsburg who had been gravely ill for some time, Justice Anthony Scalia died unexpectedly which opened up a seat in an election year. In 2016, The Presidency was held by the Democrat party and the Senate was held by the opposition party hence a split electorate vote in the last midterms. Republican Majority Leader McConnel refused to consider President Obama’s nominee months before the election, eventually preventing a vote on Judge Merrick Garland. VP Biden commented in a March 2016 op-ed with the New York Times, in which he added that he was “surprised and saddened” to hear Republican senators say they would no longer accept a nomination because it was an election year. See Joe Biden’s comments in the following video:
Joe Biden in 2016: “I would go forward with a confirmation process as chairman, *even a few months before a presidential election,* if the nominee were chosen with the advice, and not merely the consent, of the Senate, just as the Constitution requires.pic.twitter.com/eAdrDigc8S
— Josh Jordan (@NumbersMuncher) September 19, 2020
In fairness to Joe Biden, he did say that:
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“I would go forward with a confirmation process as chairman, even a few months before a presidential election if the nominee were chosen with the advice, and not merely the consent, of the Senate, just as the Constitution requires.”
Of course, what exactly is meant by advice and consent? Consent would mean a vote, of which McConnell has already promised this to replace Ginsburg’s seat. Advice most likely means hearings and there is plenty of time to hold them. Here is a deeper dive into advice and consent. For sure, if Biden were making the nomination, his choice and process would meet these criteria. If it is a Republican president, the presumptions are; not so much. Is this Joe Biden speaking out of both sides of his mouth? The hypocrisy one again of Joe Biden and the Democrats. Let’s look at historically how long this advice and consent process typically takes. See the graphic below, and we can see again that there is plenty of time for Trump’s SCOTUS pick to be given a process of advice and consent.
Biden is not the only Democrat on the record regarding replacing a Justice in an election year. Let us jump into our time machine for a quick review of the glaring double standard it is quite enlightening. See here, the “Constitutional Scholar” President Obama:
Then see Senator Chuck Schumer decision on this matter:
Attn GOP: Senate has confirmed 17 #SCOTUS justices in presidential election years. #DoYourJob pic.twitter.com/Mdm0P5SRC4
— Chuck Schumer (@SenSchumer) February 23, 2016
Finally, see Speaker Nancy Pelosi’s statement on Merrick Garland’s vote can be read here.
All Americans have been witnessing the summer of riots and political unrest from those advancing the progressive Democrat party platform (BLM, Antifa, and others). We have had approximately two billion dollars of property damage, dozens on deaths, thousands of injuries. targeted law enforcement assassinations, and an exponential explosion in violent crimes across cities to show for this “peaceful activism!” There is no rationale not to take the left at their word when behaving like terrorists and using the threat of violence to force an agenda and regain power. Take a moment to view such declarations here, here, and here.
Total political war has been promised by Democrats. On the floor of the United States House of Representatives on Thursday, the battle lines were drawn — and they could not be more clear or decisive. House Speaker Nancy Pelosi said: “Every member should support allowing the American people to hear the facts for themselves. That is really what this vote is about. It is about the truth, and what is at stake in all of this is nothing less than our democracy.” On Sunday, Speaker Pelosi stunned as she entertained the concept of impeaching the President again as a way to stop him from filling the seat!
Additional “quivers” include Democrats brazenly throwing down the gauntlet indicating if Republicans follow through with filling the seat they will pledge if elected in November to pack the courts as retribution. Watch about Former AG Eric Holder’s direct ultimatum here. House Judiciary Chairman Jerry Nadler recently wrote:
“If Sen. McConnell and @SenateGOP were to force through a nominee during the lame-duck session — before a new Senate and President can take office — then the incoming Senate should immediately move to expand the Supreme Court.”
Ironically, Ginsburg, the Chief Justice herself, is on the record to NPR chastising the Democrat notion of packing courts stating it is a ‘Bad Idea and partisan.”
Democrat Rep. Alexandria Ocasio-Cortez (D-NY) made a video telling Democrats that they should “radicalize and fight” following the death of Supreme Court Justice Ruth Bader Ginsburg. She stated in this video:
“Let this moment radicalize you. Let this moment really put everything into stark focus because this election has always been about the fight of and for our lives. I need you to be ready. If Mitch McConnell isn’t going to honor RBG’s final wish, we will. We will. And we have to.”
See here video below, but is this a threat to commit political violence?
President Trump is in his Constitutional right to pick a SCOTUS nominee and have his nominee be given a thorough process of advice and consent of the Senate. The voters elected Trump in 2016 and delivered the Senate to Republicans in 2018, there is no split like in the Garland circumstance. Biden, Obama, Schumer, and Pelosi agree. And yes, again, there is plenty of time to do this before the 2020 presidential election. If any person or groups try to thwart these efforts, it would be clearly un-Constitutional and against what Americans stand for. Of course, people have a right to protest. However, if these same protests turn ugly and people use these protests to commit acts of violence to achieve a political outcome, we need to clearly label these folks for who they are – domestic terrorists.