Unlike 2016, Republicans want to fill a Supreme Court vacancy ASAP, and Democrats insist on waiting until after inauguration — as usual, both sides seem like hypocrites, and everybody’s playing politics.
The Left says Ruth Bader Ginsburg’s dying wish was for the new president to choose her replacement. With all due respect, that doesn’t matter one iota. The only thing that matters is the Constitution. That’s if you want to play by the rules. Given that everything is done by the Constitution, politics becomes the primary concern.
As for me, my concern is that confirming a new Supreme Court justice before the election will be a sacrifice fly for President Trump. He might get another conservative Supreme Court justice on the scoreboard, but he risks losing the election. So far, there’s been little to get the Left excited about Joe Biden’s candidacy, other than the fact that he’s not Trump. Ginsburg was an idol to the Left. Any attempt to fill her seat with a real constitutionalist will rally more Democrats to ballot boxes (of course, it may be that any leftist voters galvanized by Ginsburg’s passing were already going to vote against Trump).
In case anyone forgot, the Constitution doesn’t state when a nominee shall be voted on by the Senate. It simply lays forth the rules for doing it. That means a nominee can be voted on either before or after an election. So, if the constitutional issue is settled, the only remaining wild card is the politics of it all.
Were I advising the Republicans, I would tell Trump to put forth his nominee, just as Barack Obama did in 2016. But I would caution the Senate to wait until after the election to hold hearings and vote. They should still fill the vacancy, but you don’t hand the Left an issue this close to the election. I would also insist that Biden put forth his choice. That makes the election more than just who we’re choosing for president. No doubt Biden will choose a leftist ideologue similar to Ginsburg, and the public will be able to see how radical she is. I say “she” because Biden has previously promised to put a woman on the court, specifically a black woman. It would probably be someone hand-picked by the American Civil Liberties Union. That can only help Trump (and that’s why Biden probably won’t release any kind of shortlist).
Ramming a nominee through before the election serves no purpose for the Republicans. It’s not going to energize their base any more than waiting until after the election. In fact, a pre-election confirmation may give fewer Republicans reason to go to the polls. Imagine if you have a qualified, constitutionalist nominee in the wings and the only thing standing between her and confirmation is Biden?
The Republicans have to be smart about this, but I have little confidence they will be. The Senate can easily take up the confirmation in November and December, no matter the results of the election. And it should.
Phil Valentine (@ValentineShow) is an award-winning radio talk show host (and now podcaster). He’s the author of three novels and the nonfiction book The Conservative’s Handbook. He broadcasts each weekday afternoon from SuperTalk 99.7FM in Nashville and is also a Newsmax TV contributor.
