Whenever I have questioned the leadership of Mitch McConnell in the Senate or point out his failure to deliver on a long list of policies supported by the Republican base, the replied is always the same: But he saved Scalia’s spot on the Supreme Court. Today, after Neil Gorsuch sided with the liberals on the Court to expand the Civil Rights Act of 1964 to include LGBTs, McConnell has produced exactly ZERO for the Republican base.
I was never a fan of the tactics McConnell used to prevent Barack Obama from appointing Scalia’s replacement. I wrote:
It would have been more politically astute for the Majority Leader to be coy and limit his remarks to saying that the Senate would give a fair hearing to whomever the president nominates. He could have allowed Obama to make his move, raised objections based simply on the background of his nominee, and employed parliamentary procedures to delay confirmation. There certainly will not be a shortage of Republican senators willing to filibuster.
Instead, Republicans have decided to put forth the preposterous argument that no Supreme Court vacancy should be filled during the last year of a second presidential term. What next? The president shouldn’t pass a budget, veto bills or be Commander in Chief? Since Republicans pride themselves on being strict constructionists and Constitutional conservatives: where in the Constitution does it state that the second presidential term is three instead of four years?
Not only was the rationale used to block Merrick Garland preposterous, it also has tied the GOP’s hands should an opening on the Supreme Court materialize between now and the end of the year. In any case, it’s a moot point. Even if McConnell’s had adopted my strategy, it would not have mattered.
The game the GOP is playing is very simple. They use the issue of judicial appointments to win votes but have no intention to reverse Roe or any other Court decision social conservatives find objectionable. The GOP role is to nominate justices who are pro-business and will do the bidding of the donor class. In other to keep up the farce that they want SCOTUS to reverse course on social issues, they appoint a Thomas or Scalia who will write scathing minority opinions. The key word being MINORITY opinions. At the same time, the GOP always manages to appoint justices who will “evolve” and join the liberals whenever necessary. John Roberts for example. The donor class wanted to protect Obamacare and Roberts dutifully joined the liberals to do so. If somehow, the GOP manages to replace Ruth Bader Gingsburg, Gorsuch or Kavanaugh will evolve to make up the lost vote. It’s all a game. It’s all a farce and Republican voters need to stop falling for it.
