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Ghost of an Argument

On the 73rd anniversary of the birth of Hillary Clinton, the United States Senate confirmed Amy Coney Barrett to the Supreme Court.

Mrs. Clinton, the former Democratic presidential candidate, looms in the background of the issue as a sort of éminence grise, a specter of the politics of the left. Had she won in 2016, late luminary RBG would have been replaced by a progressive woman. Not ACB.

For what would have been Hillary’s, count ’em, third nomination.

Not a specter, or grisey eminence, is Senator Kamala Harris (D-Calif.), Joe Biden’s partner in procuring 2020’s big prize. 

“I’m on my way to the Senate floor to vote no on Judge Amy Coney Barrett’s nomination to the Supreme Court,” Harris tweeted, yesterday. “Health coverage for millions of people hinges on who fills this seat. It’s clear that this nominee has the potential to do great harm to the American people.”

Note that this complaint has nothing to do with actual judicial qualifications. It has to do with a policy that Democrats insist upon: socialized medical billing. But as ACB made clear in the hearings, her judicial mindset is about legal process, as it should be, not government policy.

An hour later, candidate Harris asserted that Senate Republicans had “denied the will of the American people by confirming a Supreme Court justice through an illegitimate process.”

Illegitimate?

Well, you see, “more than 62 million people have already voted.” That is it. Harris pretends that since there is an election next week, and some people have already voted, the normal, constitutional business of Congress should not go on.

Anything to rescue their broken policy, Obamacare. 

Next week’s election sure will have consequences, but ACB’s stint on the Court resulted from Hillary’s quite legitimate loss.

This is Common Sense. I’m Paul Jacob. 


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Life After Scalia

President Reagan appointed Supreme Court Justice Antonin Scalia to the nation’s highest court in 1986. Scalia served for 29 years before passing away over the weekend at age 79. May he rest in peace.

None of the rest of us will get any.

Why? An often conservative 5-4 majority is gone. The court is now tied, deadlocked, at 4-4.

“With the passing of Justice Antonin Scalia, President Barack Obama will make another nomination to the Supreme Court,” explained an email from the very liberal Democracy for America (I’m on a lot of lists). “It is critically important that President Obama choose a strongly progressive person who can lead the Supreme Court and our country in a new direction.”

That’s Obama’s prerogative, of course. But the president’s nominee must be approved by the United States Senate — controlled 54 to 46 by Republicans.

And guess what?

Almost as fast, Senate Majority Leader Mitch McConnell issued this statement: “The American people‎ should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President.”

Now, our Democratic president could negotiate with the Republican Senate majority, come up with a consensus (yeah, right) or compromise choice (watch out).

But don’t hold your breath.

You may also want to plug your ears. There will be shouting. The media will overwhelmingly take Obama’s side — surprise, surprise— and berate Republicans for obstructing.

Republican Senators have a constitutional duty to provide advice and consent to the president’s pick. Unless Mr. Obama’s choice will improve the High Court, those senators should withhold their consent.

This is Common Sense. I’m Paul Jacob.


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Antonin Scalia, Justice, Supreme Court, battle, death, Common Sense