Facts, Conclusions, and a Suggestion

This is my second post following Ruth Bader Ginsburg’s passing.  It further addresses the issue of filling the vacancy created by her death.

Fact:  There is a vacancy on the United States Supreme Court. 

Fact:  It is the President’s job to appoint a justice to fill that vacancy. (Const. Art II, Sec. 2, Cl. 2)

Fact:  It is the Senate’s job to advise and consent in regard to that appointment.  (Const. Art II, Sec. 2, Cl. 2)

Fact:  The Democrats say that neither Trump nor the Senate should go forward with this Constitutionally mandated process and that they will use whatever they can to stop him including attempted impeachment and threats of Court packing.  (See, e.g. Nancy Pelosi’s statement on ABC’s This Week, 9/20/20; Rep. Joe Kennedy III, D-Mass, Tweet, 9/19/2020)

Fact:  Sen. Chuck Schumer (D-NY), said “The Supreme Court handles ‘the people’s business,’ ... Every day that goes by without a ninth justice is another day the American people’s business is not getting done.” (Sen. Schumer, Congressional Record, S.6116, 9/27/2016)

Fact:  Sen. Dianne Feinstein (D-CA) stated “The court needs nine justices to function properly. It is vital to our judicial system.” (CNN, 2/25/2016)

Fact:  Sen. Amy Klobuchar (D-MN) stated “This is not just some TV show, right. ‘Eight is Enough.’ Eight is not enough on the United States Supreme Court. (Press Conference, 9/07/2016)

Fact:  Sen. Ed Markey (D-MA): “With only eight justices instead of nine, the Court's decisions can deadlock with a 4-to-4 vote…. [T]here is a responsibility that we have in the Senate to ensure that we, in fact, have a full Supreme Court.” (Congressional Record, S.982, 2/24/2016)

Fact:  In 2016 Justice Ginsburg said that senators refusing to vote on President Obama’s nominee to the Supreme Court should recognize that a president is elected for four years not three. (Wash. Post, 9/7/2016)

Fact:  The U.S. Supreme Court is “the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution” (Supreme Court of the United States, https://www.supremecourt.gov/about/constitutional.aspx)

Fact:  Without all nine justices the court is not fully functional.

Fact:  If questions about the November election go to the Supreme Court, with only 8 justices the Court could deadlock in a tie, leaving the Nation in a Constitutional Crisis.

Fact:  Ours is a government of, for, and by the people. (Abraham Lincoln, Gettysburg Address, Nov. 1863)

Fact.  The People voted for the current President and current makeup of the Senate. (2016 and 2018 election results)

Fact:  The People also voted for the makeup of the Senate that existed in 2016. (2014 election results)

Fact:  The Democrats seek to block action by the people’s representatives to move forward on a justice to fill the current vacancy.  (See numerous Democrat statements demanding that any nomination and vote wait at least until November)

Conclusion:  The people are entitled to a fully functioning court as part of their government for which they voted through their representatives.

Conclusion:  The Democrats’ actions are attempts to block the rights and the will of the people.

Conclusion:  The Democrats’ current position is inconsistent with their 2016 assertions, indicating they will use or misuse the Constitution to serve their own purposes, not those of the people.

Conclusion:  The Democrats’ current actions do not support our Constitution or our form of government.

Conclusion:  The Democrats cannot be trusted to protect and preserve our Democratic Republic.

Suggestion:  We the voters should not vote to support giving any more power to the Democrats.