I’m still having a hard time accepting and digesting that Donald J. Trump is the president-elect of these United States. What makes it painful is knowing that Clinton won the popular by more than 2 million votes and that but for voting irregularities including Russian tampering – breaking into DNC computers and the Wiki-Leaks, all apparently with the knowledge and encouragement of the Trump campaign – and GOP voter suppression in key battleground states, she would have won the electoral college and the election as well. Donald Trump was right – the election was rigged – he and the GOP made sure of it. Now I am in the camp that argues Clinton should demand a recount and mount a challenge where irregularities were found. Unfortunately, she has indicated that she would not and has already conceded and what’s more, President Obama has already, for all intents and purposes, handed him the keys. I still cling to the possibility that some bombshell will drop that disqualifies both Trump and Pence or that the electors will come to their senses and nominate Clinton instead and then the House follow suit. I know I am dreaming. Which brings me to the topic of this post. The Supreme Court.
In a move of extreme dereliction of duty and disrespect to the President and the Constitution, the GOP has refused to even allow hearings on President Obama’s supreme court pick after Justice Scalia’s death in February. They argued that the people should decide when choosing the next president. It was a risky strategy that worked. Ted Cruz and others no doubt argued that 8 justices were all we needed suggesting that even if Clinton were elected, they would not allow any of her picks to move forward. So I say now to the Democrats, game on. Chuck Schumer has indicated that the Dems would use the filibuster if Trump nominates an extreme candidate and there is every indication that he will.
The National Review, a right wing rag, is positively giddy at the prospect of Trump naming William Pryor or Diane Sykes, the later considered an “originalist” that is, she and others being considered view the constitution as a fixed and dead document that the rich, white and privileged male framers might have recognized. These two and 9 others comprised Trump’s orignal 11 picks. He has since added 10 more to the list. Talk about turning the clock back. Both Pryor and Sykes, indubitably, would overturn Roe v. Wade, and specifically Sykes has made statements and rulings that are hostile to LGBTQ rights. Sykes, the more likely pick is even to the right of Scalia on the ideological spectrum; Pryor ever so slightly to the left of him. See Wapo chart. I am reminded of the song, “Stuck in the Middle with You.”
Trump’s list of 21 including the aforementioned joker and clown consists of people who want to turn the clock back to a time when women had no reproductive rights and LGBTQ members could not openly and safely even come out. On this list, you will find judges and even the most ideologically extreme Senator on the Hill, whose views are hostile to immigrants, women, blacks, the middle class, the LGBTQ community, the environment, and unions. Many are candidates who do not resepct the separation of church and state, and do not favor gun safety measures. You can bet that they would protect the Citizens United ruling, to ensure that American elections can be bought by the highest bidders for generations to come. And if Trump is lucky, and God help us all if he is, he might get as many as three picks during his tenure. People, Dems, if we don’t apply pressure on our elected officals to block these nominations, we are doomed!
Are there any on the list who would be acceptable? No. But if you look at the ideological spectrum chart from the Washington Post article above, those who are the farthest to the left of Scalia would be better than ones closer to his views and preferable to those extreme ideologues to his right. Unfortunately, the article only examined candidates from the federal bench, which I think only includes 9 of the 21. The most dangerous ones, the so-called “originalists” are Gorsuch, Kethledge, Sykes and the Lee brothers.
About all I can conclude here is that Trump’s picks are pretty bad. There isn’t one that I feel the least bit comfortable with as a progressive. I like the idea of diversity and ideally, I would like to see another Hispanic or Black or the first Asian or Native American on the court. But as we know, diversity of background does not always make the court more ideologically diverse. If only the President would make a lame duck appointment and install Merrick Garland. But that’s not likely to happen. Best case is for Dems to filibuster the most extreme of the 21. And if that means blocking all his picks, so be it. In the words of the GOP, slightly paraphrased, Americans should have the right to say who their next SCOTUS justice will be. I agree. Americans elected Barak Obama and are still waiting for the Senate to hold hearings on his pick. And don’t forget that Clinton won the popular by more than 2 million votes. Americans have spoken twice now and deserve to be heard.