Associate Justice of the Supreme Court Ruth Bader Ginsburg died on Sept. 18, 2020. Ten days later, on Sept. 28, President Donald Trump nominated Judge Amy Coney Barrett to replace her.[i] These two women had public records which showed them to be on opposite sides of many issues, but both highly qualified to serve.
President Bill Clinton nominated Ginsburg, a well known liberal and feminist, who favored the right to abortion. Nobody misunderstood this. The Senate confirmed her 96-3 with one abstention. All but three Republicans voted for her, not because they agreed with her, but because they understood the Constitutional provisions calling for them to advise and consent.
Amy Coney Barrett is unlikely to be called a feminist because the term has taken on a meaning far from what it means to be female, independent-minded, and a leader on an equal basis with men. Yet here she is. A wife. A mother. A Christian. Prolife. Conservative. A woman, serving as an equal to men, and about to become one of nine U.S. Supreme Court Justices. This is a picture of true equality for women.
Everyone knows this battle is about abortion. The liberal feminists fear they will lose the intellectual and legal arguments against a Constitutional protection for abortion and that, whether in whole or in part, Roe v. Wade and later abortions decisions will be overturned.
Democrats have always feared an honest debate about legalized abortion on demand. Instead, they try other tactics to defeat great judges like Barrett.
Democrats argued against confirming Barrett, instead, because this is a Presidential election year. They pitched the idea that we should wait until the voters could declare their presidential preference on Nov. 3. Democrats understand that if voters were to choose Joe Biden, his Supreme Court appointments would be far to the left of Ginsburg and most certainly at least 179 degrees from Barrett.
Democrats, thereby, have argued that a 4-year old “tradition” should set the precedent, not the 150 years of history concerning similar appointments. The fact that a Republican-controlled U.S. Senate in 2016 refused to consider the nomination of the Lame Duct Democrat President Obama, Democrats argue, doesn’t matter. Republicans, they say, must honor the 2016 “tradition.”
Today, we have a Republican President and a Republican U.S. Senate. Republicans argue that voters decided in November 2016 that this is their preference. Hence, they will proceed to a vote on Barrett.
No matter how the November 3 election turns out, President Trump remains responsible to execute the duties of his office until 11:59 AM, January 20, 2021 (barring death, illness, or some lame-brain Democrat effort to remove him). The U.S. Senate will remain firmly under GOP Control until the 117th Congress convenes on January 3, 2021. Whomever controls the House and Senate then will have to do business with Donald Trump until at least January 20.
Why does our Constitution set a specific date for the transition of power? The stability and security of our nation demands it.
Supposing China launches an attack on our allies days after the election? What if Kim Jon Un sends a missile our way? Suppose “The Big One” hits California and a third of the state slides into the Pacific Ocean? Do Democrats suggest that the president should take no action until after the January 20 inauguration? Hardly.
Our country is more important than the partisans who exploit it to assert their own power.
It is preposterous to suggest that an election neuters the constitutional actions and duties of a sitting President or the House or Senate. Instead, those who lose their November reelection campaigns work hard to pass new laws during the “Lame Duck” session. While this may seem unfair to the candidates and supporters who won the election, it is perfectly constitutional, traditional and expected.
Our Constitution takes pains to ensure a seamless continuation of government. We cannot afford to give our enemies any hope of pressing an advantage simply because we are waiting for inauguration day.
Let us drop the destructive and divisive partisan politics concerning Amy Coney Barrett. She deserves a vote similar to that enjoyed by Justice Ginsburg – at least 96 yea votes. It won’t happen, because Democrat anger at Republicans, their hatred of Donald Trump, but mostly, support for abortion on demand, will prevent them from doing the good thing – the right thing.
[i]There should be no surprise that a president has a handful of potential SCOTUS appointees at hand at all times. Any president saying otherwise is lying, or incompetent.
