By Dov Fischer
What can they do – whine? Threaten to pack the Court? Impeach President Trump – for acting under his Constitutional Duty and with his Constitutional Authority? Nancy Pelosi has no arrows left in her quiver. That is why the Democrats are quivering.
They have already been whining for four years – nothing new there. Hillary Clinton still tells Americans, four years after having lost, that she won the 2016 Presidential Election. Likewise, Democrats have been threatening to "Pack the Court" since the successful nomination of Justice Brett M. Kavanaugh. So nothing new there.
Clearly, the Democrat Left just does not have the capacity to play by the same rules that've frustrated Republican Conservatives since the days of Franklin Roosevelt.
And, they already impeached President Trump, even passing around specially ordered gold souvenir pens to prove it.
What is 87-year-old Dianne Feinstein (D-CA, at right with California's other Senator, Dem. Kamala Harris,) going to do as the senior Democrat on the Senate Judiciary Committee? Herself a fallen Catholic – and graduate of San Francisco’s Convent of the Sacred Heart High School – she lambasted Professor Amy Coney Barrett for being Catholic prior to the law professor’s ascent to the U.S. Court of Appeals for the 7th Circuit:
Yes, and the leftist dogma of the fallen Catholic lives loudly within Feinstein.
Good. Go ahead, Dianne, try that one again.
Or Mazie Hirono (D-HI,) who does deserve begrudging respect for being the 100th most brilliant United States Senator in all of America — what anti-Catholic tirade will she try this time? She's already leveraged her seat on that Senate Judiciary Committee to ply her religious bigotry against yet another Catholic, Judge Brian Buescher, for being a member of the Knights of Columbus, a Catholic fraternal order. Hirono is a Buddhist, if that matters. Judge Buescher solidly passed the Senate 51-40 anyway, and he now is a federal judge in the United States District Court for the District of Nebraska.
And then there is Kamala. Oh, Kamala.
The lady entered politics and sowed her political oats by publicly "cavorting" for more than a year with California Democrat Kingmaker Willie Brown, 31 years her senior – and very publicly married. While Kamala posed with Brown in revealing photos at various soirees and other social events – as Willie’s very public plaything and arm candy for nearly two years – being rewarded with plum patronage jobs in exchange for benefits, Kingmaker Brown’s wife had this to say:
"Listen, she may have him at the moment, but come inauguration day – and he’s up there on the platform being sworn in [as mayor of San Francisco] – I’ll be the b***h holding the Bible."
So let's watch Harris (below left with nominee Amy Coney Barrett,) play the morality card again with this one.
The reality is that the Democrats are stuck up the creek without a paddle. Will Christine Blasey Ford be resuscitated, this time with repressed memories of a lesbian attack at the University of Notre Dame law school where Judge Barrett recorded a stellar record as both a teaching scholar and a mentor?
Americans who are fair and real recognize that Notre Dame’s Amy Coney Barrett is an excellent jurist worthy of sitting on the United States Supreme Court. And, its about time that other great law schools besides Harvard and Yale get that recognition. She has all the credentials needed – and more, having just established herself in the U.S. Court of Appeals for the 7th Circuit.
Yes, the Democrats are upset that Ruth Bader Ginsburg didn't have the foreknowledge of Justice Anthony Kennedy, who as a Ronald Reagan nominee humbly stepped aside during a Republican Administration to make way for a like-minded successor, now-Justice Brett Kavanaugh. Ginsburg chose not to step down during the Obama years even though she was urged (and even pressed) to do so. In a Mother Jones piece two years ago, the Left’s frustration was palpable:
The calls for Ginsburg to step down began in 2011 when Randall Kennedy, a Harvard law professor and former clerk to the late Thurgood Marshall, wrote a piece in The New Republic gently urging Ginsburg, then 78, to retire while Obama was in office.… Kennedy was publicly airing private concerns among Democrats that it could be Ginsburg’s last chance to be replaced by a Democrat.
“Justices Ginsburg and Breyer have enriched the nation with long, productive, admirable careers,” he wrote.
“Those, like me, who admire their service might find it hard to hope that they will soon leave the Court — but service comes in many forms, including making way for others.”
That same article cited a December 2013 article in National Journal titled “Justice Ginsburg: Resign Already!” and a 2014 op-ed in the Los Angeles Times that opined, “The best way for her to advance all the things she has spent her life working for is to ensure a Democrat president picks her successor.”
Instead, Ginsburg rolled the dice, doing her daily push-up, and they have come up snake eyes. If the shoe were on the Democrat's foot, they'd be doing the same, naming a new Supreme Court nominee. That is how the process works.
In 2018, Republicans expanded their Senate majority – boosted in great measure by American reactions to the Brett Kavanaugh nomination and subsequent hearings:
- Mike Braun ousted Joe Donnelly in Indiana by 6%.
- Rick Scott ousted 18-year Florida incumbent Bill Nelson.
- Josh Hawley knocked out Claire McCaskill in Missouri by 6%.
- Kevin Cramer clobbered Heidi Heitkamp in North Dakota by 11%.
- Marsha Blackburn romped over once-popular Tennessee Gov. Phil Bredesen by 11%.
- Joe Manchin, the West Virginia Democrat, read the coal leaves and barely survived with 49.57% of the votes because he jumped aisles and voted in favor of Kavanaugh.
That was the last popular referendum on President Trump’s Supreme Court nominations. It gave Trump an expanded Senate majority to proceed now to name Amy Coney Barrett to the high court.
Yes, Democrats now threaten to pack the Court if they get the chance. That's because they've owned the Court for so long – nearly a century – that they believe they truly own it by Divine Right and divinity. But in reality, Democrats have left themselves with no viable option but to whine, to threaten, to quiver – and to throw “Pack the Court” tantrums.
If they add six judges to the Court, then the next Republican will add 10, and then they will add 15, and eventually there will be 100 or 200 Supreme Court justices all serving for life – except for those humble enough to face their own mortalities and wise enough to step down when they should have.
If Democrats are angry and quivering, they have no one to blame but themselves and the notorious Ginsburg – who chose to hold on to the seat beyond 2016 at age 83.
Rabbi Dov Fischer, a high-stakes litigation attorney of more than 25 years and an Adjunct Professor of Law of more than 15 years, is rabbi of Young Israel of Orange County, California. His writings on contemporary issues have appeared in the Wall Street Journal, the Los Angeles Times, the Jerusalem Post, National Review, American Greatness, The Weekly Standard, and in Jewish media in American and in Israel.