The debate over President Trump's right to nominate a Supreme Court Justice before the pending election has no legal foundation... Under the Constitution, the President may appoint Justices to the Supreme Court as long as he holds the Office of President. The US Senate may confirm his appointments to the Supreme Court as long as they are in session.

Serious legal questions for the 2020 election are before the Courts and more are likely to come... The SCOTUS must have all 9 Justices seated when they hear these cases. A tie vote on any of the election cases could create a Constitutional Crisis as great as the Civil War.

We know there will be additional critical legal challenges to the results of this election... that those legal challenges are likely to be fast-tracked to the SCOTUS for resolution.  The Court needs all 9 Justices to ensure there are no ties in their decisions... adjudication.

If Justice Ginsburg wanted to ensure her replacement on the SCOTUS would follow her judicial philosophy, she should have retired while Pres. Obama was President. However, Justice Ginsburg did not retire.  Instead, she chose to remain on the Court, to promote her judicial agenda on critical social and civil rights issues pending SCOTUS review.  She believed her remaining on the Court was more important than risking her seat going to a moderate Justice.

It is now being reported that she made a 'death bed' request... that her seat remains open, until after the election, knowing that the Court may be called on to settle a disputed election. Understanding, that a Court with 8 justices, evenly divided philosophically, could lead to deadlock and throw the Nation into a serious Constitutional Crisis. She continues to be more concerned with promoting her judicial philosophy than securing the nation from a judicial crisis

The appeal in the MSM and by the Democrats ... is without legal merit.  The dramatizing of this issue is wholly political theater for the consumption of the uninformed and frankly is likely to create a Constitutional Crisis and widespread insurrection.  However, the GOP must not back down, on this issue, as the Court is likely to be a  major player in making decisions that could result in the overturning of the coming election.

Finally, we are standing at a great crossroad and we must not take the wrong path... we must remain adamant about the President's Constitutional DUTY too appoint a Justice to the SCOTUS as quickly as possible, and for the US Senate to confirm that appointment BEFORE THE ELECTION.

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  • It would be a good idea that  VP Pence, Sen. McConnell (Senate Majority Leader), and Sen. Graham (chairman of the Judiciary Committee) stood alongside the President when he announces his appointment to the Public,  A visual accent to a rapid confirmation process, FAST TRACKED in the US Senate, to put the President's nominee on the Court BEFORE THE ELECTION.

    McConnell could confirm the  US Senate plans on limiting confirmation hearings to one or two weeks, and then a vote out of committee, sending the nominee to the floor for one or two weeks of debate, and then a vote up or down to confirm the nominee to the Court. 

    It would also help is Susan Collins, Lisa Murkowski, and Mit Romney, would each publically announce their support for an expedited confirmation process for any qualified individual... the President nominates... that they will not attempt to derail the process.   

    McConnell may want to meet with any GOP Senators who are doubtful supporters. He needs to remind them that their committee assignments, staff, and office space, are open for review at any time. I hear there is office space in the basement and that phone service is available on the corner of Pennsylvania Ave. and 14th Street... although it is advisable to wear a bulletproof vest when using the phone booth. The vests will be issued by the Senate supply room.

    • Yes ... except for the last paragraph. We need to visibly appear so civil that "butter wouldn't melt in our mouths' and be fierce in our not visible plans.

       

    • Discipline and loyalty to the hand that feeds one is often required to remind individuals how they got to where they are and what it takes to govern in a Constitutional Republic.  The very essence of Political Parties infers the need for loyalty to the leadership and planks/goals of the Party.  Those who wish to gain access to the privileges of being part of the Party.... must also understand with privilege comes obligation and responsibility.  

      Jerk these rouge asses up by the neck and tell them ... either get on board the Trump Express or find yourself working out of the Trunk of your car and a phone booth.  Just kidding... maybe.

  • Note: The GOP should prepare a standard response to any challenges.. to the Presidents DUTY to appoint a Justice to the Supreme Court as quickly as possible, and for the US Senate to confirm the President's appointment BEFORE the ELECTION IN NOVEMBER. 

    When the President's right to appoint a Justice to the SCOTUS before the election is challenged... the response should be: There is no Constitutional requirement to hold open appointments to the SCOTUS because of a pending election. Period... Repeat that response every time the question or argument against his right comes up. Do it over and over until the left gets the message. 

    The People spoke in 2016 on this issue... when they elected a President who ran on selecting conservative Constitutional Justices for the Court.  It was known and understood by everyone at the time, that the next President, would appoint 2-4 justices to the Court, due to the age of the Court's members, and their health. 

    The People Voted for Pres. Trump knowing this important issue would surface... and that he would do his duty to appoint justices who favor his political and judicial philosophy. The People have spoken... We don't need new elections to know the will of the People and the President's duty.

    Use a canned statement... to counter every question or argument by the left demanding Pres. Trump holds off on appointing a justice to the Supreme Court.  It is the CONSTITUTIONAL DUTY of a sitting President to QUICKLY appoint a justice to fill vacancies on the Court. 

    Pres. Trump is doing his duty and the US Senate will do their duty to bring his appointment for a vote, and to confirm his appointment ... before the ELECTION.

    • Yes.

       

    • AGREED

  • Well stated, Sir.

    The President holds office for a full four year term.  In Fact, Trump could appoint a replacement as late as the last day of his term, and the Senate would be obligated to confirm or reject  well after the next president had been sworn in.  

    If the Republicans really wanted to shove this appointment up the butt of the democrats they could have a confirmation hearing followed by a secret vote prior to the election, than announce the results after the election.  Nadler would mess his britches for sure.

    • Nice ... last day nomination would not give the Nancy Witch time to mount an impeachment. Leo Durocher said it well ... "nice guys finish last".

    • Wrong... the very worst thing this President could do is to leave an open seat on the US Supreme Court during a crisis in government that we know will largely hang on the Judiciary and their judgment.  We need a 'CONSERVATIVE CONSTITUTIONALIST' casting their vote for support of the conservative cause in the coming election... we don't need to lose even one of the likely many appeals to the court to resolve contested elections.

      America needs a full bench, on the supreme court, before the elections in November.

    • Exactly, Dale... it is the DUTY... I repeat the DUTY of a President to appoint Justices to the SCOTUS as quickly as possible...  The SCOTUS is too important in our system of government to leave seats open for political convenience.  In this case, everyone knew this situation could occur and it was part of the debate in the 2016 campaign.  The People elected President Trump with a mandate to reform the SCOTUS to conform more to a Constitutional, judicial philosophy and role in government.  This latest appointment will help realign the Court with its Constitutional role and philosophy.

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