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Pat Buchanan: Last best chance to capture Supreme Court

Pat Buchanan
| Tuesday, September 22, 2020 7:00 p.m.
AP
Amy Coney Barrett, United States Court of Appeals for the Seventh Circuit judge, speaks during the University of Notre Dame’s Law School commencement ceremony May 19, 2018. Barrett, a front-runner to fill the Supreme Court seat vacated by the death of Justice Ruth Bader Ginsburg, has established herself as a reliable conservative on hot-button legal issues from abortion to gun control.

President Trump and Senate Majority Leader Mitch McConnell are on the cusp of making history.

With Trump having named two justices to the U.S. Supreme Court, Neil Gorsuch and Brett Kavanaugh, they have an opening to elevate a third justice to fill the seat of Ruth Bader Ginsburg, thereby securing the constitutionalism of the court for a generation.

Trump and McConnell need only persuade 50 of the 53 Senate Republicans to vote to confirm the nominee Trump says he will send up at week’s end.

Two Republican senators, however, Susan Collins of Maine and Lisa Murkowski of Alaska, have said they will not vote to confirm a justice nominated this close to a presidential election.

Yet if Trump appoints a qualified female jurist, as he has pledged to do, and she passes muster in the Judiciary Committee, would four GOP senators really collude with Chuck Schumer’s Democratic Caucus to kill that Republican nominee and risk having President Joe Biden fill the seat?

A Senate vote to reject a Republican nominee, in which Republican senators cast the decisive votes, would demoralize and divide the party on election eve and betray a cause for which some have fought for 50 years. It is hard to conceive of a greater act of political treason.

Many Republican presidents made strides toward recapturing the court after the radical rampage of the Earl Warren era. None achieved it. Three of Richard Nixon’s four picks went south on Roe v. Wade, and Justice Harry Blackmun authored the abominable decision.

Gerald Ford’s lone nominee, Justice John Paul Stevens, went left as soon as he went up. While Ronald Reagan nominated Antonin Scalia, his other choices, Sandra Day O’Connor and Anthony Kennedy, became “swing votes.” George H.W. Bush picked David Souter and Clarence Thomas, with the latter’s constitutionalism canceled out by the former’s liberalism.

But today, the hour of Trump’s triumph may be at hand, and the stark panic on the left testifies to it.

Republican senators have to bite the bullet on this one and vote on whomever Trump nominates before this session of Congress ends.

And, in this battle, there is no room for conscientious objectors.

Even “Never Trumpers” and Republicans for Biden have to take a stand. For if they play a role in killing Trump’s nominee, and Biden wins in November, they will have helped to turn the Supreme Court over to leftist Democrats who will fill both the Ginsburg seat and that of Justice Stephen Breyer, 82, and hold the court for years.

Consider the issues the new nominee will decide.

The cause of right to life. Affirmative action. Religious freedom. Immigration. Gun rights. All could be lost if the opportunity to fill the Ginsburg seat is forfeited by Republican defectors. The 50-year struggle to recapture the Supreme Court would be over.

Are there Republicans who would really walk away from this last, best chance to secure the court, simply because the process offends their sense of proper procedure?

This may be a hard vote for Murkowski, Collins and a few other Republicans. But to vote down a qualified conservative nominee, on the eve of a presidential election, would amount to a crippling blow to their party and to their reputations within that party.

Assume that Amy Coney Barrett, Catholic jurist and mother of seven, is nominated. Would fellow Catholic Joe Biden demand that his Democratic colleagues reject Barrett because she might be a vote against Roe v. Wade, which Joe now enthusiastically champions?


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