Saturday, September 19, 2020

Supreme Court Emergency

With the passing of Ruth Bader Ginsburg, the Supreme Court is down to 8 members.  It went a whole year with only 8 members in 2016/7 so this should be no big deal.  No urgency.  Or is there?  Obviously, the Republicans have an incentive to move as quickly as possible lest they lose either the Presidency or the Senate - possibly both - in the election.  That's a politics question and politicians love to play politics.  However, there is another thing to consider.  The coming election may be contested.  Hillary Clinton has advised Joe Biden not to concede under any circumstances.  The push for unsolicited mail-in ballots - if enacted - is litigation waiting to happen.  Unless someone landslides - and maybe not even then - this election is already looking to replay the Bush v. Gore Fiasco of 2000.  Who decided that one?  The Supreme Court.  If we go to the court and it has only 8 members, a 4-4 decision could happen.  Then what?  The decision of a lower court stands?  Some regional court has final say on a national crisis?  I don't think that will be satisfying to the losers of that ruling.  Of course, the losers of a Supreme Court ruling won't be happy either.

2020 has been such a crazy year that a confirmation hearing during the election season is just what the country needs.  Trump can nominate a woman and let's see if the Democrats give her the Kavanaugh treatment.  Heck, Joe Biden should welcome the topic during the debates.  Although, there is some doubt about Joe doing debates.

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