There are times when all sides of an issue must concede to each of their better angels. That time is now. The United States political party fighting must cease. The death of Associate Supreme Court Justice, Ruth Badger Ginsburg has brought to the fore yet another epic battle of one side against the other all for the winner’s benefit without regard to what is at stake for the entirety of the country.
In 2016, Associate Justice Antonin Scalia passed away. The Republican controlled leadership said it was inappropriate for it to advise and consent on President Obama’s nomination to replace the Justice because it was an election year. Keep in mind there was a full 8 months before the election and 11 months left on President Obama’s term. Though the Republican leadership would have us believe presidential power vanished 11 months before the end of Obama’s presidency when it came to the powers to appoint Supreme Court Justices.
Today, we are faced with the same circumstances except that they are unfolding less than 45 days before the election. Today, the same Republican Party leadership that denied a hearing on President Obama’s nominee, insists that is appropriate and indeed their very obligation to do so for President Trump’s nominee. Leadership insists the difference is that the party of the president is the same as the party of the Senate and therefore not a divided government as was the case in 2016.
I say bullshit, the difference is that Mitch McConnell convinced his Senate colleagues that they should not respect the rights of the first Black President of the US by undermining his constitutional authority in the only way that they could. Using sheer political numbers and deception to hide the otherwise conspicuous racist behavior the Republican leadership was displaying. Oddly enough, this observation only really comes to light when juxtaposed against the exact same circumstances but the real difference is that the current president is a white man.
Keep in mind, this is a fight over nominating a Supreme Court Justice. This individual serves for life and helps to interpret the laws of our land and traditionally has been the last place for fair redress for the oppressed, underserved and underrepresented. To put this institution out of idealogical balance risks the erosion of confidence the people have in the judicial system. When Justice Scalia was replaced, there was little impetus to make a huge issue out of it other than to recognize that President Obama was treated disrespectfully in the process because the seat was a 1 to 1 replacement. A conservative died and was ultimately replaced by another conservative.
This is very different. Justice Ginsburg, the leading liberal voice on the court, will likely be replaced by another conservative on the bench. This puts conservative views at a 6 to 3 advantage providing little hope for the policies of progress to be instituted and the protections of the past become at risk. These include everything from affirmative action to environmental protection and equal rights for women and the LGBTQ community.
Republican Senators should honor their word and let the next President pick the Supreme Court Justice using the Sam precedent they set when President Obama was met with similar circumstances. If they believe that President Trump will remain in office which means the will of the people have spoken, no harm to them. They will get their nominee approved. The court will still be lopsided but there will at least be a feeling that there is honor and integrity in our government.
Winning is less important than truth and justice.
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