• The Late Justice Ginsburg Affirms: President Nominates, Senate Confirms, that Doesn’t Change

    Surge Summary: Contrary to the screeching of the Democrats in the wake of Supreme Court Justice Ruth Bader Ginsburg’s passing, there is nothing constitutionally or historically suspect about the Republican president nominating, and the Republican-controlled Senate confirming, a replacement justice in an election year. The late Justice Ginsburg once confirmed as much with her own words!

    There is nothing unusual about what is going to happen in the days ahead.  Presidents are not elected for three years and nine months.  They are elected for four years.  And you don’t have to take my word for it.

    Referring to filling Supreme Court vacancies in 2016, Justice Ginsburg said, “There’s nothing in the Constitution that says the president stops being president in his last year.”

    The Constitution gives the president one constitutional right at a moment like this and that is the right to nominate a justice for a vacancy.  By the way, Dwight Eisenhower did it when the Senate was out of session and made his nominee a recess appointee one month before the 1956 election.

    Donald Trump is determined to fulfill his constitutional obligation to nominate a new justice.  The nomination then goes to the Senate.  The Senate has a constitutional obligation to offer “advice and consent” to the president’s nomination.  This is exactly what happened in 2016.

    It was an election year.  Barack Obama made a nomination and the Senate chose not to give its consent.  We’ll see whether this Senate is willing to give its consent to the president’s nominee.  But there is nothing unusual about this process.

    What’s different about 2016 and today?

    Senator McConnell has noted many times that there was no precedent in modern American history of the Senate confirming a Supreme Court nominee from a president of the opposite party during an election year.  In this case, both the White House and the Senate are controlled by the same party, a decision the voters made at the ballot box in 2016 and 2018.

    Here’s another reason this nomination should move forward:  This country should not go into the period after the election with just eight justices on the Supreme Court.  There will likely be multiple outstanding legal challenges related to the election that could end up before the Supreme Court that could end in 4-to-4 tie votes.

    The last thing America needs is a deadlocked Supreme Court in a deadlocked presidential election.  It would be irresponsible not to fill this seat.  In fact, in September of 2016, Senate Democrat Leader Chuck Schumer said this on the Senate floor:

    “The Supreme Court handles ‘the people’s business,’ as President Reagan put it. Every day that goes by without a ninth justice is another day the American people’s business is not getting done.”

    The Potential Picks

    On September 9th, President Trump announced additions to his previous list of potential Supreme Court nominees.  You can read the list here.

    Most people think that Judge Amy Coney Barrett has the inside track.  I received calls over the weekend indicating that Judge Barbara Lagoa in Florida is also a key contender.  And Judge Allison Jones Rushing is reportedly on president’s “short list.”  If nominated and confirmed, Jones Rushing would be the first Evangelical Christian on the Supreme Court in modern history.

    Meanwhile, Democrats will overreach, and they already are overreaching.  Demonstrators showed up at Senator McConnell’s house, Senator Lindsey Graham’s house and Senator Thom Tillis’s house.

    The views here are those of the author and not necessarily Daily Surge

    Originally posted here.

    Image: https://creativecommons.org/licenses/by-sa/2.0/;

    Gary Lee Bauer is an American politician and activist, who served in the Reagan administration. He later became president of the Family Research Council and a senior vice president of Focus on the Family. In 2000, he participated in the Republican presidential contest.


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