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View Full Version : McConnell Fights Back On Where Hypocrisy Lies



Kathianne
09-23-2020, 02:30 PM
Truth is, both sides have led to the chasm that now confronts the country and threatens to pull it apart. When it comes to the courts though, it sure didn't start with either Trump or the Republicans-it's Schumer.

https://hotair.com/archives/ed-morrissey/2020/09/23/mcconnell-let-us-list-ways-schumer-uniquely-non-credible-messenger-judicial-norms/


Talk about bringing receipts (https://twitter.com/guypbenson/status/1308794135357390849). Some Democrats have finally begun to back away from attacking the process of filling an open Supreme Court seat, but not Chuck Schumer. He has spent most of his time the last few days attacking Mitch McConnell for hypocrisy (fair enough) and for destroying the norms of the Senate regarding its role in the federal judiciary — which is utterly absurd.

McConnell set the record straight on norm-busting in the upper chamber (https://www.republicanleader.senate.gov/newsroom/remarks/leader-schumers-decades-long-history-of-politicizing-judicial-confirmations), and Schumer’s long history of it, in a floor speech this morning. Schumer may want to pretend this started in 2016, but McConnell notes exactly when and how this generational food fight over judicial confirmations started, and who started it:

It was Senate Democrats who began our modern challenges with their treatment of Robert Bork in 1987. But the acrimony really got going in the early 2000s, when a group of Senate Democrats took the almost-never-used tactic of filibustering nominations and turned it into a constant routine for the first time ever.

“Who was a main driving force behind those tactics? Let’s consult some New York newspapers from the year 2003. Quote: ‘Schumer decided [to] put ideology on the front burner in the confirmation process… ‘I am the leader (of the filibuster movement), and you know, I’m proud of it,’ said the senator from Brooklyn.’

Quote: ‘Mr. Schumer urged Democratic colleagues… to use a tactic that some were initially reluctant to pursue, and that has since roiled the Senate.’

Throughout President Bush 43’s two terms, our colleague built an entire personal brand out of filibustering judicial nominees. Talented, hardworking people’s careers were destroyed — like the brilliant lawyer Miguel Estrada, a close friend of now-Justice Elena Kagan, who says he is ‘extraordinary’ and ‘thoughtful’ and would have made ‘an excellent addition to any federal court.’ People like that, destroyed by the Democrats’ tactics.

“This version of the now-Democratic Leader said filibustering judges was an essential part of the Senate. He said that if Republicansever used the nuclear option to ‘change the rules in midstream’ because ‘they can’t get their way on every judge… it’ll be a doomsday for democracy.’ But of course, in the very next presidential administration, the Democratic Leader leapt at the chance to press that ‘doomsday’ button himself.



Democrats have no one but themselves to blame for turning the judicial nomination process into a brute-force majoritarian war zone. Schumer and Harry Reid literally created that with their 2013 rule change eliminating the filibuster from presidential appointments, including all judicial nominations except to the Supreme Court. That was a safe enough bet for Democrats at the time, since Republicans routinely voted in significant numbers for Democrats’ Supreme Court nominees and even appellate court appointments — while Democrats usually united in scorched-earth votes on nominations made by Republicans. They only got burned by it in 2017 when McConnell removed the Supreme Court exception by following the precedent set by Reid and Schumer in 2013.

As I wrote the other day, it’s not tough to imagine that we would have three seats open at the moment on the Supreme Court without that 2017 change. Schumer would have used the filibuster to block anyone nominated by Trump otherwise. Schumer’s complaint about McConnell’s 2017 move is akin to a toddler’s lament of “Mom, he hit me back!”

No one will argue that this is a healthy environment, of course. It would be far better to return to a political environment where the two parties acknowledged the authority of a president to nominate jurists of his/her choice, and where the Senate restrained itself to considerations of competence and ethics rather than policy and politics. The author of the change in environment isn’t Mitch McConnell, however, no matter how much Schumer and his progressive allies (https://slate.com/news-and-politics/2020/09/expand-the-court.html) protest otherwise.

jimnyc
09-23-2020, 03:23 PM
Yup. And when the news first broke of Ginsberg's death, I had posted assuming that another justice would be confirmed after the election sometime - and making this election THAT much more important. That was my initial thoughts and beliefs. This was based on how the entire Garland situation played out.

Like Pete once told me, win the election and your side can make certain decisions as well. That the reason certain things were "lost" was because the republicans simply didn't have the numbers.

And that's factual in many senses. That's simply the way it works. If you have the majority in the house, you will get certain advantages as a result of that. This is recognized and we even have majority and minority leaders. Same applies in the senate, where sometimes one side has an advantage in an election term or more, due to having won more seats. Just simply how the government works. And then at the top you have the presidency, which of course also changes every 4-8 years. So those with an advantage in majority seats changes back and forth over time. That's normal and by design.

Now, call it luck or whatever you want. Sometimes you have the advantage via the numbers and sometimes you don't. You hear much more about these numbers depending on the more importance of the particular issue.

A few years back when Antonin Scalia passed away, Barack Obama was in office and nominated Merick Garland for the supreme court. Being an election year, the republican stated that it should wait and be decided by American voters, by whoever wins the upcoming election. That matters not, as the democrats would have simply voted him in anyway, but luck have it was that the republicans had the majority, so was able to stop it. Donald Trump then won the upcoming election and Neil Gorsuch was named and confirmed. The republicans had kept the majority in the senate in addition to Trump winning. They had the numbers.

Then in mid-2018, Justice Anthony Kennedy retired from the supreme court, and Donald Trump then nominated Brett Kavanaugh. The worst treatment, based on no direct evidence at all, was despicable. Regardless of the democrats unforgivable treatment of him, he was nominated to the highest court. The Republicans simply had enough votes and the Democrats not enough to stop him, false claims and all.

And now, Justice Ruth Bader Ginsberg passes away. We are less than 2 months from election day. But the fact is, Trump is the president, the republicans still have a majority in the senate.

These justices in the last few short years. The Democrats get nailed with bad timing - and simply didn't win what they needed, and do not have the numbers in the senate. So the republicans are pushing to get it done and confirmed while they have the numbers. That could all change in a few months.

At first, I initially thought right to waiting until after the election. They would otherwise be hypocrites about all they said in 2016. But, then again so would the democrats if they stood ground and demanded to wait, because they all demanded a justice at the time back then, that America deserved it and we couldn't be going forward without 9 judges.

Before I could get another breath in, the entire left (democrats, MSM & supporters...) are making threats, that if they do win the majority and I guess presidency, to increase the SC to 13 justices, and to quickly turn Puerto Rico and D.C. into states, giving them advantages. Don't really see any of it happening, but that's where their thinking lies right now. That, and talk of impeachment proceedings again against Trump, or perhaps Bill Barr... either likely a move to delay and push past the election. That and who only knows what else they're capable of. And history, very recent history, shows us what they are capable of at the moment - and worse, what they would like to do with America should they win as well.

Gunny
09-23-2020, 07:21 PM
For me, the most important thing in winning the 2016 election was there were one possibly two seats up for grabs in the Supreme Court. I wasn't the only one. It was a popular point. We were wondering then what was still holding RBG up, and that's with no disrespect nor partisan vitriol. I was, and again, not the only one.

The Seat is vacant and the President, given current circumstances, would be fool not to fill it, IMO.

I don't even care what the Dems are threatening, bleating nor bleeding about. They're a criminal organization and no longer have a valid point with me.

Russ
09-23-2020, 08:50 PM
My first thought after McConnell said there would be a Senate vote on Trump's nominee: that is hypocritical of McConnell, considering that he blocked Merrick Garland in Obama's last year with more time before the election.

My second thought after that: it is less hypocritical than thousands of things the Democrats have done since Merrick Garland, including impeaching Trump for essentially nothing at all, Congressional "investigations" on all kinds of things related to Trump but things that all Presidents have done, and blaming Trump for America's coronovirus response when Biden of Obama wouldn't have done anything any differently.

Let's not forget that the Dems have voted "no" as a group for almost every conservative Supreme Court nominee since Robert Bork, whereas RBG got a "yes" from all the Republicans even though she came out of the ACLU. The Dems have the market almost cornered on hypocrisy.

There's really no point in taking the high road when the Dems will take the low road every time.

Black Diamond
09-25-2020, 12:46 PM
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