Democrats have long relied on the United States Supreme Court to serve as a super legislative body rather than the arbiter of the constitutionality of the laws passed by the actual legislature… the House and the Senate.
Under Democrat control, the High Court has served to effect policy changes that couldn’t pass the legislative test. It has become a way of bypassing the public review of Democrat elected representatives that would result in loss of office after voting for unpopular progressive policies.
This is not what the Framers had in mind when they created the Judicial Branch.
Regardless, just as Democrats weaponized the intelligence community to contest President Trump’s legitimacy for the past four years, they have likewise weaponized the entire Federal Judiciary against not just Donald Trump and his Executive Orders, but against all popular conservative legislation.
Recall the lower court’s liberal district judges usurping President Trump’s absolute constitutional powers to decide immigration policy early in his administration.
With the nomination of constitutionalist Amy Coney Barrett to fill the seat vacated by the death of the longtime progressive Justice Ruth Bader Ginsburg, Democrats appear to be in danger of losing the progressive balance of power that they have enjoyed on the Supreme Court.
More than any other issue, the loss of the balance of power on the Supreme Court is viewed as an existential threat to the future of the progressive movement that otherwise could never have been achieved legislatively by representatives concerned about their own reelection.
This background explains Democrat hysteria over President Trump’s nominee who has promised to interpret the Constitution as it is written and to not decide cases based on how the political winds of the day might be blowing.
Democrats are terrified of the possibility that they will no longer exercise political control over the one branch of government that was created to not be political.
At a hastily called press conference last night, the night before Judiciary Committee Chairman Lindsey Graham was to open Barrett’s nomination hearing, Minority Leader Chuck Schumer resorted to misrepresenting the process as “illegitimate, dangerous and unpopular.”
Schumer’s explosive partisan rhetoric ignores the fact that, both, the president and the Senate were elected to four-year terms and, during the last two electoral cycles, voters gave Republicans control of the process. As Obama reminded us… “elections have consequences.”
Keep in mind that Obama-led Democrats, having already been voted out of office used the levers of power in an attempt to destroy incoming President Trump.
It’s the entire Democrat Party’s determination to subvert any and every long-established governmental policy in order to advance their agenda, no matter whether legal or illegal, that is “illegitimate, dangerous and unpopular.”
Fox News’ Chad Pergram reported on Senate Minority Leader Chuck Schumer’s stated intention to deny the Judiciary Committee a quorum when Barrett’s name comes up for the vote to advance her nomination to the entire Senate for a final confirmation vote.
1) Schumer on Senate GOPers trying to get Barrett out of Judiciary Cmte on October 22: "We will talk about when the actual vote occurs in committee and on the floor, Democrats will not..supply the quorum. Period."
— Chad Pergram (@ChadPergram) October 11, 2020
No one contests Amy Coney Barrett’s qualifications to become the next Supreme Court Justice. She is unquestionably ‘highly qualified.’
Schumer and his fellow Democrats fear that Coney Barrett will be the deciding vote on the anticipated legal disputes regarding the myriad of election fraud cases that are expected to stem from his party’s mail-in balloting and ballot harvesting schemes that are expected to throw the election results into a conundrum that will be decided, ultimately, by the High Court.
Without Barrett as the potential deciding vote, in an otherwise equally divided 4 to 4 court, lower court rulings will stand. District court judges should not be deciding national elections. Dems realize this but it is their only chance to regain power.
Schumer knows that Republicans have a number of parliamentary answers to his party’s obstructionism. But he’s desperate to throw a bone of some sort to what is a shrinking and dispirited progressive coalition with nationwide elections looming.
Conservative, who have been victimized before, should take heart that, though Chairman Graham and Senate Majority Leader Mitch McConnell have not been reliable allies of President Trump in the past, or conservatives in general, both are locked in contested reelection battles.
This will force both Graham and McConnell, subject to the same electoral risk as is President Trump, to invoke whatever parliamentary procedures are necessary to fend off the ire of conservatives without whom they cannot win.