aprogressiveperspective-blog

[aprogressiveperspective-blog]

The Supreme Court IS political

by Joseph Velazquez

The confirmation hearing of Amy Coney Barrett is coming to an end, with a majority of GOP senators backing their support with the nominee and Democrats opposing her nomination, one thing has become clearer, the Supreme Court has become a partisan battle. Long gone are the days of Supreme Court justices being sworn in with 96% of the votes (RBG confirmation). From now on a Supreme Court nominee will likely be nominated on partisan lines with a simple majority having enough power to make decisions - even if that simple majority lost the popular vote. As the confirmation hearings started on Monday the 12th, the battle started. GOP senators making it clear that her “originalist/textualist” philosophy is exactly what they seek. But that's ultimately their biggest lie. The GOP couldn't care less if she identified as an originalist or a “pragmatic interpreter” all they care about is political power. Is she pro life? Yes. Is she conservative? Yes. Will she vote to reverse Obamacare? Most likely. 

The GOP knows they are in a losing game. Losing the popular vote in both the 2016 and 2018 elections the only power they have left is the courts. A game - Democrats are losing... badly. Ultimate luck came down to President Trump, with some cheating from Mitch McConnell. The senate majority mastermind blocked Merrick Garland's nomination for 293 days, reaffirming that Antonin Scalia would be replaced by another “originalist”. The power move changed the course of Supreme Court history. McConnell knew the dangers of waiting 293 days to appoint a new justice, but he took that chance for something possibly greater...power. If he could replace Scalia with another conservative the supreme court would remain in his court, 5-4. Then came the retirement of Justice Anthony Kennedy; his replacement was the controversial Brett Kavanaugh. The untimely death of RGB created the pathway of  conservatives' new hope, ACB. And here lies the American people,  ⅓ of the Supreme Court being chosen by the man who lost the popular vote back in 2016. They say democracy dies in the dark, but clearly, it dies right in front of us. The Republican party's last hope, ACB has one job, and that's to satisfy the Republican base with her conservative values, and pretend to be a “neutral judge” to the Democratic party. But let's not pretend what's actually happening here. The Supreme Court is no longer a “neutral party”; this was made immensely clear when Obama's nominee was denied a hearing by McConnell for almost a year. The Republican party killed the notion that judges were “neutral” for their own political sake. 

The Democratic party isn't innocent, but they dared not to change precedent. This very idea must change, the courts belong to the majority of the people; and that's the Democratic party. The GOP hasn’t changed its mind, its power over precedent. The Democratic party must do the same.