Saturday, February 4, 2017

The Next Battle

    There is certain to be a brutal confirmation process for Supreme Court nominee Neil Gorsuch. The Democrat leadership in the Senate already refused even to meet with him. Gorsuch is going to be demonized as a gun-loving, woman-hating fascist because that is just the way conservative nominees have been portrayed by liberals since the 1980's when the tactic successfully derailed.
   Keep in mind throughout it is all for show to appease liberal constituents. There would be no other reason to compel House Minority Leader Nancy Pelosi, who has no say in the confirmation, to express her "serious concerns" over Gorsuch. Barring a scandalous bombshell revelation, Gorsuch will be confirmed even if Democrats filibuster and force Republicans to use the nuclear option. The reason opposition to Gorsuch is for show is because it serves as a dress rehearsal for the next vacancy on the Supreme Court.
       Gorsuch will replace the late Antonin Ssalia Gorsuch shares the originalist judicial philosophy with Scalia. His addition to the Supreme Court will not have significant effect on the Supreme Court's ideological make up. With Scalia, there were four conservative justices, fou liberal and Anthony Kennedy as the swing vote. So Gorsuch--not to sound dismissive-is a status quo candidate.
      But what of the next vacancy? Ruth Bader Ginsburg at 86 is the oldest current justice. She is also a two time cancer survivor. Gins burg has reliably served as the most liberal justice over the last 23 years, but she is barely hanging in there health wise. She is the one who famously fell asleep during the State of the Union a few years ago. Her departure will effect the Supreme Court ideologically for decades. So much so, there is muted grumbling she did not retire while Barack Obama was president so he could nominate a proper liberal. Now the opportunity will probably go to Donald Trump.
  I do not want to sound morbid here. Ginsburg may remain on the supreme Court until she is 106 . Perhaps Kennedy will grow weary of constantly taking on the most controversial role and want to devote his remaining years to origami. If last year proved anything, it is to expect the unexpected. The bottom line is the next battle over a supreme court vacancy will be the brutal, no holds barred fight. Brace yourself for it.    

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