Obama’s Sacrificial Justice
Who will fall on their own sword for Barack Obama? Which jurist in the land is willing to sacrifice their future and legacy to be nominated for the vacancy on The United States Supreme Court?
Any nominee put forth at this juncture in American history is likely to go down in political flames at the hands of Senate Republicans hell bent on blocking Obama from appointing a third justice to the Supreme Court. Republicans may well allow a nominee to make it to hearings but I find it highly unlikely they will vote to approve that person.
This dilemma was created by the unexpected death of conservative justice Antonin Scalia over the weekend. No matter what is said by liberals, this is unprecedented in American history and will be a political blood bath. Both sides may get banged up along the way but perhaps no one more than the first nominee put forth by President Obama.
Democrats will howl that the Senate has the alleged Constitutional obligation to confirm whomever the President sends in as his sacrificial lamb. However the language in the Constitution is pretty clear, “advise and consent”. It does not read to advise and concede.
As I have stated time and again, there are no specifics when it comes to timetables or guidelines in affirming or rejecting a nominee to the Supreme Court. Simply put the US Senate has no obligation to do anything at all with a Supreme Court nominee now or ever. In fact, if Republicans maintain more than 41 seats in the body, they have no “Constitutional requirement” to do anything regarding a nominee. There is a reason we have three separate but equal branches of government. It is called checks and balances. Right now many would say things are way out of balance and Republicans have an obligation to right the ship. Many would point to the election of 2014, when the Republicans won across the nation in record fashion to take back the Senate and set historic levels in the House.a
Make no mistake, these are not ordinary times. President Obama has gone around Congress and the Courts on many occasions to plow forward with his agenda even when it runs blatantly contrary to the will of the people or the Constitution. His Executive Orders have already been struck down in several federal courts including the Supreme Court as unconstitutional.
The other raging irritation from this President is his repeated ignorance of what kind of country we live in. He calls it a Democracy over and over and over again. It is not. We live in a Representative Republic. If Obama had ever actually been a Constitutional scholar he would certainly understand this. I understood this when I was in grade school.
During his news conference Tuesday in California President Obama also shot down the notion he would nominate a moderate candidate. Obama bluntly said “No”, when asked if his remarks indicated he would choose a moderate nominee for the high court.
Of course not, why would he?
Democrats meanwhile will continue to howl about how obstructionist Republicans are being. Well I for one certainly hope so.
The President has made it clear he will make a nomination. Both he and the person put forth for consideration to the high court will have to know it could be the end of the line for that persons legal career. It may well translate into career suicide.
So with The president making his intentions clear, the next question is who would be willing to be Obama’s sacrificial lamb on the bench. I believe Loretta Lynch is the most likely candidate for this job. She is already Attorney General and has already been through the vetting process. More importantly for Democrats, if she is rejected, or worse not considered at all it will bury the GOP under a landslide of hateful racist allegations. None of which are true but will be bantered about so Democrats can secure minority voters under the banner of “Republicans are against people of color” just like is now being done in Flint to Michigan Governor Rick Snyder, despite the fact he had nothing to do with the mistakes involving the water supply and white towns in the state have more serious lead concerns. The truth just doesn’t matter. It's an election year and this is the Supreme Court hanging in the balance. They will all say and do whatever it takes to win, period.
Lynch I believe may be more than happy to take that burden. Her career has already elevated her to the top legal job in America and how nice would it be, to be, the ‘New Rosa Parks’ in battling White Privilege and prejudice in the 21st century?