WASHINGTON D.C. – Democratic leaders, upset that President Donald Trump nominated now Supreme Court Justice Amy Coney Barrett, have vowed that there will be retaliation for the nomination and confirmation of Barrett.
Now, some people in democratic circles are openly contemplating impeaching her from the bench if she will not recuse herself if the election ends up in the Supreme Court.
Columnist Norman Ornstein believes that impeachment must happen if Barret does not recuse herself.
After all, if she does not and votes a way that he does not like, in his words, for “voter suppression,” she should be removed from office.
I repeat:If Barrett, acceding to a partisan swearing in at the White House, knowing that Trump explicitly said he nominated her to sway the election, does not recuse, it is an overt quid pro quo. The House should impeach her to leave an irrevocable stain on a dishonorable justice
— Norman Ornstein (@NormOrnstein) October 27, 2020
Ornstein, like others, claim that President Trump has somehow told Barrett to “openly to act to tilt the scales of the election.”
In a tweet, he wrote:
“I repeat: If Barrett, acceding to a partisan swearing in at the White House, knowing that Trump explicitly said he nominated her to sway the election, does not recuse, it is an overt quid pro quo. The House should impeach her to leave an irrevocable stain on a dishonorable justice.”
What should be noted, above all, is that the Supreme Court is believed, before Barrett’s confirmation, to have a 5-3 split between conservative and liberal judges. That being said, and only with that argument, democrats must believe that if the election goes in front of the Supreme Court that one of the conservative judges will side with the liberals in the case, making it a 4-4 split.
With Barrett they believe that she will break the split making the election decided by a 5-4 vote in favor of President Trump.
What is interesting here is that by their own argument, this is illogical. If they believe, as they allude, the conservative minded Justices will only side with Republicans, then their case, again, by their argument, will be decided by a 5-3 majority, without Barret weighing in.
So, what are they really mad about if they believe what they say? Or better yet, what is their angle?
Alexander Heffner, a host for PBS believes that somehow if the Senate moves forward with impeaching Barret it would give them leverage with the public in adding at least one additional seat to the Supreme Court. He said:
“It is on the basis that a potential Biden presidency and Democratic Senate will have leverage to add a Justice – a tenth Justice – to begin the process of balancing the Supreme Court. It would be politically palatable if Barrett’s appointment had enabled a plot to destroy the legitimacy of the election.”
She’s a Justice for now, but we can impeach Amy Coney Barrett if she tries to stop a fair election—and then add a 10th Justice.
— Alexander Heffner (@heffnera) October 27, 2020
So, the argument that Heffner is presenting is that the American people will ultimately be satisfied with adding additional Justices to the Supreme Court if Barrett is impeached. It would seem that Hefner does not want fair and impartial Justices, as they should all be.
He seems more concerned that there are a majority of Justices that are as liberal minded as he is, and therefore rule in a manner that is acceptable to the liberal agenda instead of just interpreting law and the Constitution as required.
What should be noted next is that democratic leaders, Heffner and others all claim that President Trump has openly said that he wanted Barrett confirmed to the bench so as to help him win the election.
That is incorrect, the only thing that the President has said that is even close, is that he wanted nine justices on the bench, an odd number for ruling purposes, therefore destroying the chance for a tie on either side.
Both President Trump and Barrett have stated they have had no such conversation. Barrett, in sticking to not commenting on how she would rule in any cases, as has every Justice nominee since Ruth Bader Ginsburg, has flatly denied she had any discussions with anyone regarding future legal cases.
The question now, is, will democratic leaders go this route should the general election land in the Supreme Court? Who knows, but what is clear is the democrats have no intention of letting this go anytime soon. After all, Democratic Senate Minority Leader Chuck Schumer said:
“And the next time the American people give Democrats a majority in this chamber, you will have forfeited the right to tell us how to run that majority…My colleagues may regret this for a lot longer than they think…It [the confirmation vote] will go down as one of the darkest days in the 231-year history of the United States Senate.”
Today will go down as one of the darkest days in the Senate's 231-year history
The Senate GOP is thwarting the will of the people and confirming a lifetime appointment to the Supreme Court in the middle of a presidential election
Democrats will never stop fighting for Americans
— Chuck Schumer (@SenSchumer) October 26, 2020
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Former police chief: If Biden wins, expect Democrats to seriously mess with the Supreme Court (op-ed)
October 27, 2020
WASHINGTON, DC- Joe Biden and Kamala Harris have been dancing the Macarena around the question of packing the Supreme Court, with Biden suggesting he would name a “commission” to take a look at “reforming” the judicial system. However, there is a radical proposal being put forth by the leader of Biden’s “transition team” (God help us), former Sen. Ted Kaufman.
The Federalist is reporting that Kaufman, who would oversee staffing of a potential Biden administration, is proposing 18-year term limits for Supreme Court justices.
Kaufman is a longtime Biden adviser, having been his chief of staff for almost 20 years.
Kaufman signed an endorsement proposed by a far-left advocacy group, “Fix the Court,” which is pushing hard for term limits for justices in order to “depoliticize” and “reform” the high court.
👀Ted Kaufman signed this. Biden's longtime chief of staff who is leading the transition. https://t.co/08tTniatCO
— Alex Thompson (@AlxThomp) October 25, 2020
Among the group’s claims to fame was purchasing website domain names with Justice Brett Kavanaugh’s name, and then linking them to sites which provided information about rape. You know, mature stuff like that.
The amusing part is “30 Constitutional law scholars” signed onto the letter. They apparently are not in the top of their classes.
Such a proposal would seem to fly in the face of Article III of the United States Constitution, which does not impose term limits on justices, such as found in Article I, which defines legislative powers and terms, and article II, which defines executive powers and terms.
Article III only says that:
“The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…”
So while Kaufman and “Fix the Court” may think they are onto something, on its face it appears that any proposal to implement term limits would be unconstitutional, and would therefore require a constitutional amendment.
The proposal would also include a provision where if a justice left an open seat, older justices would be allowed to return to the Supreme Court without congressional or presidential approval.
Biden and Harris have skirted the issue of packing the court when asked about it, although it has been widely reported that many high-level Democrats have suggested doing just that.
However, Sunday night on 60 Minutes with Norah O’Donnell, Biden did mention the establishment of a commission to evaluate “how to reform the court system” because it is “getting out of whack.”
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