In one of the most depressing segments on MSNBC’s AM Joy Show, Yours Truly was saddened, although not surprised, to find out that even before the opening bell in the fight to replace retiring Supreme Court Justice Anthony Kennedy has been rung, Senate Democrats are already throwing in the towel. Absolutely pathetic!
MSNBCs Joy Reid, citing a New York Times article says Senate Dems have apparently decided not to demand that Kennedy’s replacement be made after the midterms but instead are going for a “policy alternative” where they plan to build opposition to Trump’s nominee by highlighting the threat to abortion rights and healthcare. Simply put, Senate Dems have caved.
Interestingly, Joy Reid pointed out that when Republicans feared Hillary Clinton would be elected President, they vowed to block her Supreme Court nominee(s) for 4 years–her entire first term. Think about that folks and then contrast it with our weak Senate Dems who are afraid to stall for 4 months, when the GOP was willing to stall for 4 years. Grassroots Dems have always lamented the perennial weakness of Congressional Dems that has allowed people like Mitch McConnell to walk all over them and this is just the latest example. Yours Truly constantly encounters this Congressional Dem weakness complaint from grassroots Dems and as it turns out, it’s a legitimate gripe after all.
Yeah, that’s great, but Democrats will back down and kneel to Republicans as they always do. Trump will get his SCOTUS pick.
— Timmy Murphy (@Timothy57956299) July 1, 2018
Tell Your Democrats Senators….That Sounds Like They Are Going To Roll Over Again! Damn….
— Darlene (@026191222) July 1, 2018
The key legal term that pops up in federal court when one is seeking an injunction is "irreversible harm". Dems have an easy case to make in federal court that once Trump's Supreme Court nominee is confirmed, their harm is irreversible(can't undo it). The court will most likely issue an injunction to let the case play out all the way to the Supreme Court, a process that will most likely last longer than 4 months.
Alternatively, Senate Dems can compell any Trump nominee to pledge recusal on any issue dealing with TrumpRussia, something they'll either decline or if they accept, Trump would withdraw their nomination (remember Jeff Sessions). If Trump's nominee refuses to commit to recusal that gives Senate Dems a perfect excuse to stall because the conflicts of interest here are real and easily explainable to voters. The fight over TrumpRussia recusal if well played by Senate Dems could last more than 4 months. In addition to that, Senate Dems will look good in voters eyes because they will not be stalling for stalling sake, but will be seen as fighting for the integrity of the Supreme Court(removing Trump's conflicts of interest)
There are many other stalling tactics Senate Dems could employ. The only question is whether they have the guts to do so. Bottomline Senate Dems need to get the message from grassroots Dems very clearly--If you don't put up a fight over Justice Kennedy's Supreme Court replacement, don't even bother about midterms 2018, do everybody a favor and just quit today!
For those of you very happy with @Emolclause’s activism don’t shy away from the “tip jar” below on your way out