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On the Supreme Court

Political Oppo.


1) On the impromptu protests: astroturf. 20 seconds after the name was announced dozens of professionally printed signs just happened to magically appear. Right.

2) On elections:

“ Elections have consequences, and at the end of the day, I won.”

It’s not a shock or surprise that there was going to be Supreme Court vacancies, that’s one reason why people were willing to vote party-line in 2016, no matter how unpalatable the candidate may be. At the end of the day, Republicans control all three branches, and have absolutely no obligation to nominate someone that doesn’t meet the preferred mold of constitutional originalist that doesn’t legeslate from the bench.


3) No matter who’s name was drawn from the hat, the #resist crowd would be out in full force. To quote the Chicago Tribune “The Democrats’ third mistake was to filibuster Neil Gorsuch....The decision to block such an obviously qualified nominee — praised for his impeccable temperament, character and intellect by legal scholars on both the left and right — freed tradition-bound Republicans to end the filibuster for Supreme Court nominees.” If Democrats were willing to go to the mat against Gorsuch, clearly they would also attempt to do so with anyone else. But again, see points one and two.... astroturf and consequences.

4) Roe v Wade isn’t going anywhere. Anyone saying otherwise is simply inciting a call to arms, attempting to rally the base. Seriously though, it’s not going anywhere. But hey, “you never let a serious crisis go to waste”. Which leads me to point number 4.

4) Democrats lead in the generic ballot has been consistently declining. A year ago Democrats had a double digit lead in all polls looking at the midterms. Now, it’s within the margin of error almost across the board. Time to rally the base again. And donchaknow if you don’t GOTV the evil Republicans are going to force you into a million back-alley abortions a year.

5) On the future: Notorious RBG. At 85 years old, RBG made a strategical error not retiring under the Obama administration. She’s still a brilliant legal mind, and I hope her mind never fades, but I struggle to see her finishing out Trump’s term. IF Democrats retake the Senate this fall, I see RBG stepping down next summer knowing that a Democrat controlled Senate has the ability to force a barely-left-moderate nomination. If Democrats don’t retake the Senate, she’ll stick it out another few years.


6) On the present: Brett Kavanaugh. Yes, he has a partisan history before becoming a Circuit judge. So did Kagen and Sotomayor. Yes, he wrote some unpopular opinions: having authored over 300 opinions over 12 years on the DC Circuit there’s something for everyone to latch onto, both for or against. There are two consistencies that I see in his writings: a steadfast and broad deferral to the powers granted to both Congress and the Presidency in the Constitution, and a strict adherence to the Constitution and legislation. Kavanaugh has been consistently praised throughout his career for his writings, and more of his clerk’s have gone on to be hired to clerk on the Supreme Court than anyone else in history. His resume fits the bill to perfection.

7) Final thought: is Kavanaugh the perfect candidate? Of course not. There is no such thing. But Democrats need to ask themselves, if they successfully block Kavanaugh, who’s next on Trump’s list? Elections have consequences, and so far Trump’s nominations have a pretty solid history of judicial moderation. Kavanaugh has the resume and the bipartisan judicial praise to back up his nomination... are you really going to try to go to the mat again? Because you need to think about what comes next...

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