The Federalist Society has picked another Supreme Court Nominee. Doing the bidding for the secretive judicial activist group this time is Donald Trump. Judge Brett M. Kavanaugh was on a shortlist of potential nominees carefully vetted by the Federalist Society, as were Roberts, Alito, and Gorsuch. The court's acronym should be changed from SCOTUS to FSASCOTUS, as in Federalist Society Approved Supreme Court Of The United States.
There is every reason to fear the result. It is bad for justice, bad for the law, and bad for the country. Pushing back against the Federalist Society's meddling is complicated by the fact that the country's majority, a majority that does not share the views of Federalist Society-approved judges, is represented in the nation's Capitol by the minority.
It's a deeply troubling state of affairs on a number of levels. One thing, however, is painfully clear -- the Democrats are doing a better job of resisting their base than they are of resisting the fascist cabal in Washington that's terrorizing the U.S. and its historic allies.
We have arrived at a clearly defined crossroads for American society and for the Democratic Party. Democratic voters and independents, who may or may not vote Democratic, overwhelmingly oppose Kavanaugh for Supreme Court Justice. The American people and the urgency of the moment demand a strong stand against this appointment.
The Democrats want majorities. Their main argument at this point is "We can't do anything because we aren't in the majority ... Vote for us, then we can do something." But there's a great deal the Democrats can do right now. If nothing else, they can unite in their opposition to Kavanaugh. But they could also depart en masse, refusing to cooperate in a rigged process and perhaps even denying a quorum. All of which might not "work," but it would be greatly admired and appreciated.
The Democrats, who were for decades the predominant majority party in both the House and Senate, became the minority party in both houses because they stopped standing up and fighting for things. The Democratic Party doesn't fight anymore. They matriculate, they negotiate, they complain, but they don't fight. When you don't fight, you give the impression that you don't care.
Edward M. Kennedy was a liberal icon, Robert Byrd a former Klansman, but one thing they had in common was that they would never allow their party or their constituents to be pushed around. They would fight behind closed doors, on the Senate floor, at the microphones, back home in the district -- they would fight.
Chuck Schumer doesn't like fights. He sees them as messy and unproductive. But fights schedule themselves conveniently when the moment arrives, and those who rise to the occasion rise or fall.
There are at least two important questions that must be addressed before Kavanaugh can be confirmed.
First, was there a quid pro quo between Kennedy and Trump? Did Trump agree to nominate Kavanaugh in return for Kennedy's assurance that he would step down with adequate time remaining for a confirmation before a new Senate is sworn in?
Second, Kavanaugh has been nominated by a president embroiled in an advanced-stage criminal investigation. Will Kavanaugh hear cases relating to the criminal investigation of the man who appointed him, or will he recuse himself?
Like it or not, this is your moment, Mr. Schumer, this is your legacy. The will of the voters you are trying to energize for November is clear: Fight!
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