George Rebane

Democrats are going through a nationwide hissy-fit about President Trump’s announced nomination today of the replacement for the late Justice Ginsberg.  Their anguished screams ring hollow as they attempt to ascend Mount Morality to denounce the Republicans’ election-year nomination and confirmation of a new justice to fill the ranks of SCOTUS, and thereby avoid an irresolute court that must inevitably adjudicate the results of the most momentous election of our lifetime.

The charge against Republicans is hypocrisy – In 2016 Majority Leader McConnell denied an election year hearing for President Obama’s nomination of Judge Merrick Garland, yet now in 2020 he is proceeding apace to rush through President Trump’s (presumed) nominee Judge Amy Coney Barrett.  But giving the matter a smidgen of thought (not a widely shared ability) quickly reveals the practical and coherent reasoning behind these seemingly disparate actions.

First and foremost, let’s start with the acknowledgement that what was done in 2016 and being done now is legal and constitutional, and, thanks to former Democrat Majority Leader Harry Reid, procedurally correct.   Second, the appointment of SCOTUS justices is a political act intended to bias the court’s future rulings that will promote the ideologically motivated stratagems of the party in power.  Appeals to alternative reasoning on the matter are intended for the ideologically ignorant or sclerotic.

To understand the Republicans’ reasoning then and now, we have to review the divergent governance goals of the Left and Right.  Democrats seek to fundamentally transform America into a weakened socialist state with a crippled sovereignty that is no longer a global hegemon and prepared to accede to a one-world order.  Democrats view people, not as individuals with diverse needs, wants, and aspirations, but as members of various controlled and compliant classes, the societal roles of which will be mandated and managed by a cadre of the governing elite.  In short, Democrats are now avowedly Marxists, and all of their proposals and programs are readily predictable within this ideological framework.  And continuing on this tack, the Left remains anti-science, now with their ‘woke science’ programs they again return to the practice of science (cf. eugenics and Lysenko) that must first and foremost support the party’s political predicates du jour.

The Republicans, on the other hand, reject any notion of a one-size-fits-all global government, and believe that a peaceful communion of more or less culturally coherent, independent, and sovereign nation-states, will provide for a world order that benefits all humankind in the widest sense.  In this social framework, individuals are seen as discrete agents maximally free to pursue their own dreams as they work in co-operative commercial environments to satisfy their daily needs.  Government is seen as a minimalist social enterprise that only undertakes tasks and performs functions for the common good that are ill-suited for businesses competing in minimally regulated capitalistic economies.

Returning now to 2016, we see a federal government viz SCOTUS divided along party lines with a Republican Senate and a Democratic Executive.  With the prospect of a Democrat victory likely, McConnell makes the politically astute decision to reject Obama’s nominee, with the off-chance hope that Trump will win and then have the opportunity to nominate a suitable candidate more likely to support Republicans’ goals.  It is clear to all who can reason, that should Hillary win, then she and the Democrats could subsequently exercise their option to nominate, and the people’s will would be served.  In short, there was no intrinsic harm to either party in delaying Merrick Garland’s hearing in the outgoing Congress.

Now in 2020 the federal government viz SCOTUS is structured differently with a Republican Senate and also a Republican Executive.  Moreover, a month before the election, the current odds of a Trump victory do not look good.  We add that Trump’s election was based on his promise to shift the country’s court system toward the right, and correctly interpret his retention of the political prerogative to continue implementing that shift as long as he is in office.  In sum, getting Judge Barrett empaneled may be Trump’s last hurrah, one that he and the Republican Party dare not pass up, given the country’s rush toward a socialist autocracy.  The Republicans see a conservative SCOTUS as perhaps the remaining redoubt from which to impede our anti-American Left that has promised its minions a new socialist dawn.

And to think that all this was made possible by Dirty Harry.

[Update] Heritage gives a short summary of SCOTUS FAQs here.