It’s been less than two weeks and it’s already hard to know where to begin. The irrational, executive order on immigration and refugees? The firing of Acting Attorney General Sally Yates (instantly making her a martyr), the firing of the ICE Director, the directive to start building the wall, threatening to send U.S. troops into Mexico, hanging up on the Australian Prime Minister? Well, these among other travesties and incompetent acts are all worthy of discussion, but for now I’d like to say a few words about President Lout’s appointment of the man likely to be our newest Supreme Court Justice, Neil Gorsuch.
First, a bit of review. In the presence of a vacancy on the Court, it is the Constitutional duty of the President to make a nomination, following which it is the responsibility of the Judicial Committee of the Senate to vet the nominee and of the full Senate to confirm or not confirm the nominee, as the case may be.
In the wake of Justice Antonin Scalia’s unexpected death last year, President Obama fulfilled his Constitutional duty by nominating Judge Merrick Garland, a universally respected, highly qualified, moderate jurist to take the deceased Scalia’s seat on the Court. Senator Mitch McConnell, aka “The Turtle”, vowed that no nomination made in the final year of President Obama’s term of office would receive any consideration by the Judicial Committee. In doing so, he excused his raw and unconstitutional action by citing what he called the “Biden rule”, a nonexistent rule based solely upon something Joseph Biden said several years ago but having no basis in legislative law. McConnell. thus laid the groundwork blocking any fair and required action on the nomination. This disgraceful act resulted in the theft of the nomination from President Obama, and left the Court one justice short of its normal complement of nine individuals. The Court responded by failing to take on a number of cases that it otherwise might have considered.
So now, Presidential Lout, fulfilling a campaign promise to pick someone acceptable to the far and evangelical right, has nominated an extreme conservative to fill the empty slot, and Republicans are gloating over their unconstitutional triumph. Worse, it should be noted that the Lout’s gang is accusing Democrats of being obstructive by threatening to filibuster the nomination. This, of course, is utter hypocrisy given prior Republican behavior.
It seems inevitable that Neil Gorsuch will be confirmed, although the Democrats may be able to delay confirmation to some minimal extent. But I do believe that an additional protest is warranted. I suggest that when the roll is called for confirmation, EVERY DEMOCRAT SHOULD, INSTEAD OF VOTING “NO” OR BOYCOTTING THE VOTE, LOUDLY PROCLAIM A VOICE A VOTE FOR MERRICK GARLAND. This will do nothing to change the outcome, but at least it will get the attention of the public and remind everyone of the disgusting and obstructive behavior of Senate Majority Leader Turtle and his cohorts in governmental crime.
As a final comment regarding Neil Gorsuch, there are those who have suggested that the Lout might not be getting quite what he is expecting with the appointment. Gorsuch is a strict constructionist, yes, and a far right conservative, yes, and takes a radical view of religious rights (the Hobby Lobby decision) and, consequently, is no friend of women’s rights, but because of his belief in strict adherence to established principles embodied within the Constitution and legislation, there is a glimmer of hope that he at least will not mindlessly support the wild decrees of the Lout. If true, this would be at least one positive in what so far seems an abysmal turn of affairs in our beloved country. Not enough to justify, in my mind, his confirmation to the Supreme Court, but the simple fact is that he will be confirmed, so we need to take whatever small hope there may be that he won’t be the disaster we’re nevertheless expecting.