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By Craig Andresen – Right Side Patriots on American Political Radio
Supreme Court Justice, Anthony Kennedy, is set to retire at the end of July, and liberals are tying themselves into knots at…not the prospect, but the reality…that President Trump will appoint yet another Justice to the nation’s highest court.
Liberals, already desperately searching for even one core value on which to take a stand, on which to build a platform for the 2018 midterm elections as well as for 2020 are now facing the nightmare of all liberal nightmares.
So, what is really at stake for both parties due to the looming Supreme Court nomination, and the resulting firestorm of a confirmation process?
Plenty.
First, on the Conservative side of things…
President Trump has a list, and it is a rather long list of potential Supreme Court nominees, but one thing is evident of each person on that list…they are all originalists. Originalists stick with the Constitution as the basis for their rulings, deciding cases based on the original intent of the Founders and Framers.
President Trump’s nominee will not legislate from the bench, and whoever the nominee will be, will not allow personal bias to interfere with the process…only the Constitution will be taken into account.
As a prime example of this, we already have Justice Neil Gorsuch…President Trump’s first Supreme Court appointee, and while we, as Conservatives with an agenda may well not like every decision Justice Gorsuch makes, we know that his vote is dependent only upon the Constitution, and not on the whims of social conscience.
To believe the nomination of a Supreme Court Justice will play a role in both the 2018, and 2020 elections for Conservatives is an understatement…it will be perhaps the single biggest issue in both elections.
That is, as it should be, and in the 2016 presidential election, the looming nomination of a Supreme Court Justice played decidedly better in favor of Trump than it did for Hillary…by a factor of 26 percent to 18 percent.
For Conservatives, the opportunity to place a Supreme Court appointee on the bench means keeping a Constitutional tilt to the high court, and now, the reality of naming a second Justice would mean a 6-3 advantage for Constitutional Conservatives.
That’s not big…that’s enormous.
Knowing that a Supreme Court appointment is hanging in the balance will also help drive Conservative voters to the polls, just as it did in 2016, and in a midterm election…that too is an enormous factor in the outcome of such an election.
The best thing would be to have the process being played out in the heat of the 2018 campaigns in order to allow Republican candidates to seize the moment to make their Constitutional positions known to their voters…and perhaps even more important, to shine the light of truth on their liberal, and in some cases socialist opponents as to their desires where a Supreme Court Justice is concerned.
Okay, now for what this all means for liberals…
What liberals want in a Supreme Court Justice is the exact opposite of what Conservatives want. Liberals want a Justice that will legislate from the bench, throw the Constitution under the proverbial bus, and bow to the sway of social issues that have no place being a part of the Supreme Court in the first place.
Liberals will have to be vocal about their disdain for the Constitution, and for Constitutionalists during both the 2018, and 2020 elections or they risk alienating their far left base which is moving further and further to the left all the time.
Liberals will stall, or at least attempt to stall the nomination hearings, and the only way they can do that is by trying to Bork whoever President Trump nominates. Borking, by the way, is the employment of a dirty campaign of smears and lies leveled against a nominee for the purpose of driving their own side into a rabid frenzy…but it will be a very dangerous move for liberals to make now.
Borking comes from the nomination of Robert Bork to the Supreme Court during the Reagan administration, and the treatment of lies and smears caused that nomination to be rejected in the Senate. That, by the way, is how and when we got Justice Kennedy, who became a swing vote, sometimes siding with Conservatives, and at other times, voting with the liberals.
One thing that can accurately be said of Justice Kennedy is that he has always been…unpredictable…which worked out better for liberals than for Conservatives.
From liberals, as soon as President Trump names a nominee, we can expect vile and disgusting rhetoric, lies, and character assassination to begin in an attempt to rile, and motivate the liberal base for the 2018 midterm…but they must realize that in doing so, they are also poking Conservatives with a sharp stick which will likely motivate the right to get out and vote as well.
Liberals have already demanded that the process be delayed until after the midterm election because they don’t want democrat senators in states that went for Trump in 2016 to appeal to their voters by confirming another Trump nominee to the Supreme Court. Those states are Indiana, North Dakota, West Virginia, Missouri and Montana, and liberals know if the confirmation vote comes before the midterm election, democrat senators from those states will likely try to curry favor by voting for President Trump’s nominee in an effort to hold their seats.
In fact, that may well be the only way for those senators to keep their seats, although all of those seats will more than likely turn red anyway, and for that matter, I believe the Houses will also remain in control of the Republicans after this midterm election as well.
All of this said, let’s now have a look at what is most likely to take place…the big picture if you will.
President Trump has already narrowed his list of 25 or 26 potential Supreme Court nominees down to just 5, and he will be announcing, much to the consternation of liberals, his pick on Monday July 9th. Senate Majority Leader Mitch McConnell has tentatively set a date for the hearings to begin this fall over and above Chuckie Schumer’s demands that it be held off until after the midterm election so as not to have such hearings or a vote during an election year.
There are two basic things Chuckles knows, but wants ignored…first, that while such a delay is appropriate during a presidential election year so as to allow a potential new president to make the selection of a nominee…this is a midterm election and because it is highly likely that Republicans will gain Senate seats and not lose the majority…such a delay is silly…and second…Chuckles wants it ignored that he is the minority, not the majority leader as elections do have consequences.
We are told that on President Trump’s now shortened list, which is by the way a short list of originalist judges who would not be legislating from the bench, there are two women. While many believe it unlikely that the President would select a woman because there are already three on the high court now, I believe he will choose a woman.
Given the current social climate, President Trump has already stated that as he interviews the members of his short list, the question of Roe v Wade will not be a question he poses…and while that may not sit well with evangelicals…it eliminates a potential stumbling block in the court of public opinion…not that liberals won’t attempt to portray the nominee as wanting to overturn Roe v Wade as a scare tactic.
President Trump knows that getting the confirmation process under way this summer, with a vote shortly before the midterm election is something that will boost Republican turnout for that election, and he knows that being the first Republican President to appoint a Constitutional Conservative female originalist Justice to the nation’s highest court is something that will make laughing stocks of anti-Trump liberals who insist he hates women, and will also play well in the 2020 presidential election.
On the President’s long list there were four women, three of them being Diane Sykes, age 60, 54-year-old Margaret Ryan and 53-year-old Allison Eid. Because this is a lifetime appointment, and because it is unlikely the President would nominate someone who would potentially only sit on that bench for 20 or 25 years…my guess is that President Trump will nominate 46 year old former Notre Dame law professor and mother of seven…Amy Coney Barrett.
Barrett currently sits on the bench of the 7th U.S. Court of Appeals, having been appointed by President Trump last year, and she is a strong believer in the 1st Amendment’s right to freedom of…not from…religion. Thus she is likely to be a Supreme Court Justice that upholds individual religious freedom rights even when it comes to business practices…something that will be seen by evangelicals as a strong position, even if being a strong and believing Catholic is something evangelicals my not particularly be pleased with.
During her confirmation hearing a year ago, Diane Feinstein had this to say to Barrett…“the dogma lives loudly within you.” That is a harbinger of things to come, as Feinstein and other liberal women will be brutal in their condemnation of Barrett…something President Trump knows can be used to highlight their hypocrisy in both the 2018 and 2020 elections.
Feinstein’s “dogma” comment was totally out of bounds, as there is no religious test or yardstick for positions within government in this country, but it showcases that hatred of the left for religion or faith. While the 1st Amendment makes it clear that religion plays no state sponsored role in our Constitutional Republic, it does not abolish religion either…and allows people to maintain whatever faith, or level of it they so choose.
Feinstein wasn’t the only liberal in those hearings to attack Barrett based on her religious beliefs…Dicky Durbin and the now disgraced former Senator Al Franken did so as well…and remember…this is the party that not only tolerates, but defends Islam as a “religion” and can’t bring themselves to utter the phrase, “radical Islam.” Hypocrisy at its most glaring…demanding a religious test for judicial nominees but not for terrorists or terrorist organizations.
The debate in Senate hearings over whomever President Trump picks for this Supreme Court nomination will be as ugly from the left side of the aisle as anything we have ever witnessed…liberals will try to Bork the nominee, and if I am correct, in that the nominee will be Amy Coney Barrett…we should expect the abject hatred of the left to be on full display.
There is one thing however, that we should also remember…during the hearings related to Justice Neil Gorsuch, Senate Majority Leader Mitch McConnell introduced a rule change to lower the threshold on Supreme Court nominations from 60 to 51…and no doubt, that will be what gets this nominee appointed, just as it did Gorsuch.
Given that all of the names on President Trump’s list are Constitutional originalists, whomever his nominee might be, Barret or anyone else, will be our next United States Supreme Court Justice, tilting the court in a distinct 6-3 advantage for the rule of law, the Constitution and the original intent of the Founders and Framers for decades to come.
Indeed a great legacy for President Donald Trump.
Copyright © 2018 Craig Andresen / thenationalpatriot.com all rights reserved
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For more political commentary please visit my RIGHT SIDE PATRIOTS partner Diane Sori’s blog The Patriot Factor to read her latest article On Abortion
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