McConnell Should Deny the Democrats Their Judiciary Committee Circus

There is a growing debate over whether or not Mitch McConnell should discard the committee process on President Trump’s Supreme Court nominee and simply take the vote to the floor of the Senate. Here’s why I support a middle ground position on that question.

Contrary to popular belief, there is no constitutional requirement for the Senate Judiciary Committee to hold hearings on any nominee by the President. This is true of all positions, whether they be political appointees to run the federal bureaucracy or judicial appointees at the district, appellate and Supreme Court levels.

Here is the text of the Constitution’s Appointments Clause in its entirety:

“… 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.”

Not a word in there about committees or hearings. The role of the Senate is to provide its “advice and consent,” on nominations, nothing more. That advice and consent can take any form that has the approval of a majority of current senators.

The committee process is nothing more than a construct of Senate rules and tradition. Democrats made clear they don’t give a damn about those things when Harry Reid and Chuck Schumer led the effort to end the filibuster for judicial nominees, a senate rule and tradition that had stood for well over a century. Schumer and other Democrat senators have also made clear that they plan to end the filibuster entirely the next time they gain a majority in that chamber.

So, to hell with Senate rules and traditions.

The nation’s voters have chosen to give the GOP a clear Senate majority in each of the last three election cycles, expanding that majority in 2018 after the despicable display the Democrats put on in the Judiciary Committee hearings related to Brett Kavanaugh. The corrupt news media studiously ignores the fact that each and every Democrat senator who participated in the smearing of Kavanaugh during those 2018 hearings and was up for re-election in a close race that year was defeated. It was the clearest statement of disapproval the voters could send of Democrat tactics – which included the active subornation of perjury by Christine Blasey Ford and others – that held the nation hostage for a week during those hearings.

Indeed, the Democrat conduct in Supreme Court nomination hearings has become increasingly depraved and demented related to every GOP presidential appointment since 1987, when Joe Biden – then chairman of the Judiciary Committee – led the dishonest smearing of Reagan nominee Robert Bork. Emboldened by that success, Biden-led Democrats conducted their “high-tech lynching” of Clarence Thomas in 1991, again including the active subornation of perjury by Anita Hill. Things have only gone downhill from that low moment.

If he has the votes to confirm the Trump nominee, why should Mitch McConnell allow the Democrats to put the nation and the nominee through what would certainly become another Kavanaugh-like smearing conducted by the likes of Kamala Harris and Cory Booker and Dianne Feinstein?

Some will contend that the cancellation of hearings would lead the Democrats to declare the nominee to be “illegitimate.” Well, hell, they did that with Kavanaugh. Who can forget Nancy Pelosi and Jabba the Nadler promising to impeach Kavanaugh after they obtained their House majority in 2018? We should not forget that kind of thing so quickly and easily.

Besides, Pelosi and Chuck Schumer and Biden himself have already made it perfectly clear that they are going to smear the new Trump appointee as illegitimate regardless of the circumstances surrounding her confirmation. The tactic is going to be the tactic regardless of how the process is run.

With the announcements by Cory Gardner, Lamar Alexander and Rand Paul that they will support whatever confirmation process McConnell chooses to implement in the case of this nominee, it is now clear that the GOP has at least 50 votes to confirm the new justice before Election Day. Those votes, plus the tiebreaking vote by Vice President Mike Pence, are all McConnell needs to put this nominee on the Court.

So, why schedule committee hearings at all, given the short time frame and the pressing need to have a fully-constituted Supreme Court that could end up deciding the ultimate outcome of the presidential election?

Here’s why you schedule an initial hearing: To give the Democrats the chance to hoist themselves on their own petard. Democrats have all sorts of tools under Senate rules to try to delay the process. McConnell should work with Chairman Lindsey Graham to quickly schedule an initial hearing, and at the same time make it crystal clear that he will simply bring the nomination to the floor of the Senate if Democrats try to delay that process. Give them one chance to conduct themselves with the dignity that used to be expected from a U.S. senator, but give Graham the full authority to adjourn the process the moment the Democrats inevitably begin their effort to smear the nominee.

When that happens – and it would happen – McConnell should then immediately schedule a floor vote and deny the Democrats their circus.

Yes, the howls of outrage from the Democrats and their media toadies would be loud and fierce, but they are going to be loud and fierce regardless. This nomination and confirmation are an exercise in political power. For once, McConnell and his GOP caucus should exercise that power with no quarter given to their Democrat “friends.”

That is all.

Today’s news moves at a faster pace than ever. Whatfinger.com is the only real conservative alternative to Drudge, and deserves to become everyone’s go-to source for keeping up with all the latest events in real time.

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Silas

RBG, like most demoncrats was way too smart for her own good. Others might call it hubrus, I call it just outright narcissim. She had her chance to step down while Obama was still president and give him a chance to fill her seat.

Now she has poy the ball in Trump’s ahnds and destroyed the hopes of the demoncrats being able to count a SC that might rule in their favor.

And as a bonus, she is now helping the demoncrats expose themselves and just how far they are willing to go to try and overturn a duly elected President’s choice.

The optics aren’t good and the internet now prevents them from just sweeping it all under the rug.

Stuartswede

I was just replying that you really had lost your spell-checker. Just like the demonrats lost their fact checker long long ago.

Silas

Heh! Yes, but I just fixed the spell checking problem, Finally got smart and a plug in for Firefox that both grammar and spelling. Talk about a “Duh!” moment. 😀

Stuartswede

I use Firefox and never had a hiccup. Dumped Google years ago when you couldn’t download a program or app or do anything without ceding control to them of everything on your computer or phone, emails, files, every stinking thing, if you read the fine print. Bastards want control of all information.

Silas

Well maybe not so good on the grammar, but you get my drift. 😛

Silas

Trumps’ hands

Steve Herman

Judiciary Committee should be by Zoom only. Gotta be safe about Wuhan and all. Zoom would prevent Dems from bring in protestors and those senators who get out of hand will be silenced w a keyboard stroke.

oldarmyblog

Need to have hearings. Keep it short, 3-4 days. too many moderates, low information voters and leftist soccer moms have wipe their memory clean of the Kavanaugh debacle. Need a repeat performance closer to voting to refresh everyone on what total a#%holes the democrat really are.

Robosaurus Rex

They should have the committee with a full session, no kill switch and let women see the Democrats only approve of a certain type of woman in America. It’s a no win situation unless Dems learn to exhibit some self control and focus on her credentials. This is not likely the case particularly when it’s been the party’s stance for years prolife women of any walk of life are not welcomed. I hope they do what they did to Barr of reclaiming their time the entire session. Democrat dementedness only wakes America up more.

Buddy Smot

We absolutely want a committee hearing. Let the world see Democrats beating up on a woman. If they make her cry then we win the House, Senate, and Presidency.

Christine B

The Democrats are all so concerned about Covid – spare them the “agony” and go right to the vote!

Stuartswede

Just heard that Mittens is going to vote yes onTrumps nominee. Gitter done man.

Ben colder

I would just love to see the Turtle grow a pair for once stick it to the dem/communists for a change.Let them scream and cuss they do it to the republicans all the time when they have the majority give the bastards a taste of what they do all the time.I have no respect for even one dem/communist they are lying dis honest bastards every damned one of them there is not an honorable dem/communist in the whole senate and about half the Republicans also.

mhess9

I love this advice. It is completely obvious, as proven in the Kavanaugh hearings, what the Democrats would do. Questions are one thing, character assassination is quite another. McConnell, are you listening?

D3F1ANT

Mitch should absolutely forego the committee circus. Democrats sure would. Unfortunately Republicans think it more important to seem “nice” or something and don’t know how to take the gloves off. That’s why they screw things up. Democrats seize every opportunity to strike wherever there’s an opening.

Stuartswede

Dave,
You need to send Turtle Man a link to your post. The Dems made the bed in which they now lie.

https://pjmedia.com/election/bryan-preston/2020/09/21/democrats-made-the-supreme-court-too-important-now-theyre-panicking-and-paying-the-price-n950901

Gregg

Dave, I don’t even think the Dems should even be given the opportunity to try to destroy another stellar GOP nominee.

Majority Leader McConnell has a chance to show real leadership mettel – be a Churchill or a Chamberlin?

Furthermore, there is no requirement for a SC nominee to waste a week visiting every senator’s office to smooze with all 100 senators. She should visit the five or so who are truely swayable and send a letter explaining her reasoning for not visiting the other 95.

McConnell should then really piss of the left by circumventing the certain Judicary Committee Lynching Process, and force an up or down vote in the full senate.

***

About the campaign season, the following senators on the Judiciary Committee are up for reelection this November:

Democrats:
Coons, DE; Durbin, IL; Booker, NJ

Republicans:
Ernst, IA; Sasse, NE; Tillis, ND; Graham, SC; Cornyn, TX

And Harris (up in 2022 for senate) is running for VP is also on the committee.

McConnell is also up in KY.

None of these people are going to want to be stuck in DC in October; look for a very truncated hearing – especially if McConnell has fifty plus votes and confirmation is a fait accompli.

PS:

McConnell can lose three RINOS and still get a confirmation. However, if up to six defect and decide to vote “Present” he does not need fifty votes. He just needs a tie of the senators who are actually voting yeah or nay. There are 47 Dems in the senate, so as long as the Romneys of the world vote “Present” only 47 yes votes are required. with VP Pence breaking the tie.

We really need to pick up another net gain of at least two senate seats to render the RINOs irrelivent.

Jimmy MacAfee

Dave, I love your recommendation: have a Committee hearing with a kill switch. If it becomes unruly, declare the event a riot, end it immediately and proceed to a vote. Have to wait until the worst offenders squeak up, though.

Otherwise, I would prefer a straight up-or-down vote. The days of Borking should end.

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