As if the current presidential race wasn’t already muddied enough, lame duck President Barack Obama decided to stir the toilet this week with the nomination of Judge Merrick Garland to fill the seat of the late and eternally-lamented Justice Antonin Scalia. Republican leaders immediately promised to sweep Garland’s nomination into the dustbin. The Democrats pounced immediately, beginning a focused media campaign accusing Republicans of everything short of outright treason.
Both sides have badly misplayed the ball. The Democrats’ previous statements and actions, including those of both President Obama and Vice President Joe Biden, preclude them from claiming any moral standing to whine about the Senate’s confirmation process. However, the GOP also booted the grounder, once again forgetting the fact that the Democrats don’t care about pesky things like “moral standing.”
Of course Obama was going to try and slam one home before he hit the lecture circuit. And of course the choice was going to have some mark of judicial Cain on his forehead. In Garland’s case, a couple of entirely unacceptable moves against the 2nd Amendment; including an attempt to undo the Parker v District of Columbia decision and endorsement of former Attorney General Janet Reno’s illegal gun owner database. And of course the Republicans, facing a November election for which they are woefully unprepared, have to face the added burden of a bruising fight.
The Democrats are all in; as they so often are. The benefit of Obama’s lack of compunction or conscience is an absolute commitment to whichever harebrained scheme they’ve cooked up. The people who forced Obamacare down our throats and traded Taliban serial killers for a deserter won’t even blink at pushing a Supreme Court nominee who’s less than enthused about the Bill of Rights. And they certainly won’t give a damn about the hypocrisy inherent in their 180 degree reversal on filling SCOTUS seats.
But the Republicans can make a full recovery– and even turn a double play. Better yet, they can do it by using the progressives’ own style of play against them. But they’re gonna have to man up a bit; because this may hurt a little.
All they have to do is stand firm. Sure, the Democrats are going to throw every piece of rhetorical garbage at them; and the media will pile on like rabid puppies. They’ll be accused of racism, fascism and any other -ism left wing hate groups like the resurgent Moveon.org can splatter across social media. If they weather the inevitable poop-hurricane, they can stop Obama from ideologically disarming the Horatio on our constitutional bridge, AND roll into November sporting legitimate principle to an electorate starved for it.
Let senators like Harry Reid and Chuck Schumer try to explain how hypocrisy doesn’t count when they do it. It’s logic like that that got them downgraded from the majority offices. Let Obama kick and scream while he packs his gear for the lecture circuit. Let people who have treated the Constitution like toilet paper shriek bloody murder over a constitutional issue they’re getting completely wrong (there’s no constitutional requirement that the Senate send presidential nominees so much as a gift basket).
The alternative is that the Republicans cave, handing the Democrats a win they didn’t earn, while earning deserved scorn for their spinelessness. The defeat will have catastrophic effects on their credibility heading into November, opening up the possibility of a Hillary Clinton Presidency. She’ll nominate at least one, and possibly two new justices; and the Supreme Court will veer further to the left than Obama could have dreamed.
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