About that RBG “final wish”… – It was widely reported yesterday that, on her death bed, Ruth Bader Ginsburg allegedly said that her “most fervent wish” was to not be replaced until “a new president is installed.” Yeah, that probably didn’t really happen. It turns out that the one and only person claiming to have heard this while RBG was surrounded by family is her daughter, who is herself a leftist activist, which most likely means she made the entire thing up.
And even if the late Justice did say that, the Constitution doesn’t care about her last wishes. Indeed, here is the full language of the Appointments Clause:
“… and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”
We elect presidents for four year terms, not for terms lasting 3 years and 8 months. We also elect the 100 members of the U.S. Senate to provide a check on presidential power, and one of the duties it has that is designed to provide such a check is its power of advice and consent on presidential nominees. When a seat on the Supreme Court comes open for any reason, it is the duty of the sitting president to nominate a qualified person to fill it. The Constitution then puts the onus on the Senate to provide its “advice and consent” regarding that nomination.
Democrats and their corrupt toadies in the news media are frantically trying to convince us that this current situation is exactly the same as the situation in 2016, when Antonin Scalia died under incredibly suspicious circumstances and Barack Hussein Obama His Own Self nominated Merrick Garland to fill the seat and tilt the balance on the Court to its liberal wing. But this present situation is entirely different.
Obama faced a problem that President Trump does not face: The Senate in 2016 was controlled by the opposition party. The Senate’s “advice” provided to Obama at that time was that it was not going to allow a lame duck president (also a problem President Trump does not face) to fill that seat during a presidential election year. In providing that “advice” – and thus denying its “consent” – the senate followed more than 100 years of tradition in such a circumstance.
This year, the Senate’s “advice” to President Trump – as clearly communicated by Senate Majority Leader Mitch McConnell – is that it will give his nominee a vote. That’s because President Trump’s own party controls the Senate and President Trump is not a lame duck.
The Constitution contains no provision whatsoever that the president or Senate follow a dying justice’s “most fervent wish”. It is studiously neutral and starkly un-caring about any such consideration.
Depraved Democrats like Gerrold Nadler and Joseph Kennedy are now threatening to “pack the court” should President Trump put forth a nominee and the senate provide its “consent” to that nominee before next January 20. These threats will all become moot when President Trump wins re-election on November 3, but even should the President lose, they are just noise to be ignored.
As a matter of fact, such threats are just one more reason why it is not just ok for this President to fill this opening on the Court, it is urgently important that he do so. The Democrat Party has now become so radicalized at this point that it is a very clear and present danger to the survival of the U.S. republic. The threats to pack the court are just another 0f a seemingly endless series of attacks by that party on our norms and institutions.
The Democrats’ blatant efforts to fix this election via voter fraud and throw the final decision on who wins the presidency into the courts make it vitally important that all 9 seats on the Supreme Court are filled when Democrats force it to become the final arbiter. Equally important, a 6-3 constitutionalist majority on the Court would serve as a bullwark for the survival of the Republic should voters stupidly decide to return the presidency and senate majority to the the political party that is attempting to destroy it.
This is not just a vacancy that President Trump should fill, it is a vacancy that he must fill for the good of the country. It’s not optional.
That is all.
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