The opening days of the Senate hearings for Judge Kavanaugh have been full of theatrics, both from spectators and Senators. We've had women dressed as Handmaids, a guy wearing a full-body condom, Senators who announced weeks ago that they will vote against Kavanaugh insisting that they don't have enough time to evaluate all of the paperwork. There have been accusations that a Mexican Jew was flashing a white power sign and that Kavanaugh refused to shake the hand of the parent of a Parkland victim and instead called security.
All of this is an attempt to Bork the judge. The term goes back to the nomination of Judge Robert Bork for the Supreme Court. That was a successful attempt at derailing a nomination by painting a judge as being outside norms. In both cases it was insisted that ratification would mean the end of legal abortion and a return to the days of back-ally abortions.
The claim that the two nominees would be a threat to abortion is, at best, dubious. Bork represented the winning side in Roe vs Wade. The theory was that he secretly hated winning his more important case and, through the sheer weight of his intellect, would convince the rest of the court to vote against abortion. The assumption that Kavanaugh will vote to overturn abortion isn't quite as dubious but there's no weight to it, either. There's no reason to think that a single justice will suddenly make the court reverse Roe Vs Wade and it's just speculation that Kavanaugh would support such a reversal.
Clearly abortion is just being used to motivate people. It's not a real issue.
But Roe vs Wade figures into this. It, along with the decision allowing same-sex marriage, are two important examples of how the left has used the courts to bypass Congress. That's what this is really about - trying to preserve a court that swings liberal.
Most of the #Resistance to President Trump has centered on court challenges. These are, at best, a holding action unless they can count on a liberal, activist Supreme Court. They will also become less effective and Trump appoints more judges.
When Harry Reid triggered the Nuclear Option a few years ago, it was with the expectation of a permanent Democratic majority. The hope was to pack the courts. And the expectation of President Clinton appointing two or more liberal justices.
So things blew up in the Democrats' faces. Instead of assuring a liberal court, they are watching a president they hate shift the courts to the right.
They have very few options. One is to try to stall Kavanough's nomination or derail it in the hope that a blue wave will give them the Senate next year. Then they can either try to keep the court at 8 members for the remainder of Trump's (first) term or hope that Trump gives up on Kavanough and nominates a blank-slate justice who turns out to be more liberal than expected. The chances of any of this coming to pass are poor. Current projections show the Republicans will keep the Senate and it's way too early to assume that Trump will not be reelected.
The biggest problem for the Democrats is that they are playing the short-game. Triggering the Nuclear Option gave them a short-game advantage but it's now working against them.
Previously, a well-qualified judge could count on an easy confirmation. Republicans have continued that tradition but after the current theatrics, I expect Republicans to start retaliating in kind the next time a Democrat is in the White House. That's a long-game reaction to the Democrats' short-game strategy. In fact, just days after Senator McCain's funeral and the call for decorum, we have hearings full of theatrics. One short-game strategy trounced all over a different one.
No comments:
Post a Comment