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Monday, September 21, 2020

Trump & Republicans are going to do exactly what Democrats would do

 TRUMP WILL NOMINATE, SENATE WILL CONFIRM NEW SUPREME COURT JUSTICE

HYSTERIA PROVES THE POLITICIZATION OF THE COURT


The death of Ruth Bader Ginsberg has come in the middle of an already contentious election. She was revered by the those who believed that the Constitution is a living document that is changed by the Supreme court interpreting the evolution of society and judging on their view of those changes.

She was opposed by those who believe the Constitution and bill of rights are the Law for the Federal government and can only be changed by the process laid out in the constitution itself. That is to change the Constitution, an amendment needs to be made to the Constitution, passed by the Senate and be approved by 2/3 of the states. This is a slow and difficult process, as it should be, and if adhered to, we would have a much less divided country.

The court is to interpret the constitution as written. They are the highest court of appeal in constitutional matters  It is not really that difficult of a job, if it is left to interpret the meaning of the words in the constitution. It becomes a lot more difficult when the justices seek to fit the constitution to their or their supporters desires.

Judge Ginsberg can be honored for her service, she continued on under much adversity, suffering from cancer for the last 20 years. She was pressured to retire during the Obama presidency so that he could name her replacement. She held fast and refused to resign. That was the only power that she had to have any power over her replacement.

The Constitution makes it clear that the president shall appoint judges and the senate will confirm or reject his choice. The most important factor for the senate to consider is the qualifications of these judges, are they of sound mind?, do they understand the role of the court etc? If we would have one hard and fast rule for judges it should be that they should interpret the law as written, not as to how they believe it should have been written. If that would be the rule and they would follow it, the court would be a much less controversial body.

Now we are going to hear all the reasons why a new judge should not be appointed. They are all grasping at straws, a new judge will be nominated by Trump and and approved by this Senate.

To approve a judge, a president needs to have a Senate with a majority to pass his nominee. References to what happened in 2016 are not relevant. Obama did not have a majority in the Senate. If he had, he would have seated a new judge even in the last week of his term. 

Trump has 53 to 47 majority in the Senate. The last hope is to peel off 4 Republican Senators. They hope to have Collins, Makowski, and Romney jump ship. They may appear undecided for political purposes, but if any jump ship their political careers as Republicans will be over. They may allow Collins a pass, if they believe it will allow her to hold her Seat. Passing with the vote of the vice -President is always a possibility.

Some believe Trump should put up a Nominee, but not vote for confirmation until the after the election, to use it as a campaign issue. It would truly be a double edged sword.

I believe he should put up a nominee that is acceptable by at least 50 republican senators, and McConell should have the confirmation vote before the election. Get it done. 

The other side has fought and disparaged Trump and every one of his appointees. They acted in a despicable manner during the confirmation hearings of Brett Kavanaugh. They have not ever given this president anything. 

He should use his power and his majority. It will likely make no difference in this election. But there is the chance that republicans will honor the decisive action and democrats will possibly be deflated and demoralized by this loss.

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