10-17-2016, 11:31 PM
(Steve G posted his thread as I was jumping up and down on my soapbox)
With respect to Lux Interior's earlier post to this subject, that thread seemed to have gotten glossed over. It shouldn't because what was said by Sen. John McCain is as much as a threat to our democracy as any thing that Trump has said.
McCain has said the REPUBLICAN Senate will not confirm ANY supreme court candidate put forth by a the elected DEMOCRAT president during their tenure in office.
He argues that this why Pennsylvania (and by extension, any other state) must elect Republicans to the Senate.
While I allow that McCain may have spoken out of turn, he may not have the backing of the Republican leadership. However, McCain is an experience politician and former nominee to the presidency. He knows that words carry weight and idle threats are extremely dangerous. I simply do not believe that he misspoke.
This threat, if carried out, would deligitimacize not only the Supreme Court, but every court down to the local level. It places politics above the law. It allows any elected official to ignore the courts. Would a court that is eventually filled only when one party or viewpoint gains control be a court that could be respected?
We need only look to Venezuela to the results of a stacked court. There, after the opposition party was duly elected to a majority in the national legislature, the ruling party expended that nation's Supreme court and filled those positions with individuals loyal it.
That is essentially a coup by those who refuse to share power. If and when the power structure of that nation changes, the courts will never be the same. They will forevermore be seen as partisan and likely never be trusted.
That is exactly what can happen here.
Courts rule because we, as a group, respect and trust them. They do not have a military, they have no force of arms. We may not always agree with them, but despite initial complaining and bluster, we follow the law.
In 1937, President Franklin Roosevelt put forth the Judicial Procedures Reform Bill. This was an attempt to pack the court and get his programs into law. The bill was defeated, rightfully so.
With the prospects of three Supreme Court vacancies, plus a huge backlog of federal court openings waiting to be filled. This nation of laws cannot wait for 4-8 years to fill them as Mccain has said will occur if a Democrat is elected. That happens in banana republics and dictatorships.
I want to think that we are better than that, but right now I'm not so sure.
With respect to Lux Interior's earlier post to this subject, that thread seemed to have gotten glossed over. It shouldn't because what was said by Sen. John McCain is as much as a threat to our democracy as any thing that Trump has said.
McCain has said the REPUBLICAN Senate will not confirm ANY supreme court candidate put forth by a the elected DEMOCRAT president during their tenure in office.
"I promise you that we will be united against any Supreme Court nominee that Hillary Clinton, if she were president, would put up," McCain said on WPHT Philadelphia radio in an interview first flagged by CNN.
He argues that this why Pennsylvania (and by extension, any other state) must elect Republicans to the Senate.
While I allow that McCain may have spoken out of turn, he may not have the backing of the Republican leadership. However, McCain is an experience politician and former nominee to the presidency. He knows that words carry weight and idle threats are extremely dangerous. I simply do not believe that he misspoke.
This threat, if carried out, would deligitimacize not only the Supreme Court, but every court down to the local level. It places politics above the law. It allows any elected official to ignore the courts. Would a court that is eventually filled only when one party or viewpoint gains control be a court that could be respected?
We need only look to Venezuela to the results of a stacked court. There, after the opposition party was duly elected to a majority in the national legislature, the ruling party expended that nation's Supreme court and filled those positions with individuals loyal it.
That is essentially a coup by those who refuse to share power. If and when the power structure of that nation changes, the courts will never be the same. They will forevermore be seen as partisan and likely never be trusted.
That is exactly what can happen here.
Courts rule because we, as a group, respect and trust them. They do not have a military, they have no force of arms. We may not always agree with them, but despite initial complaining and bluster, we follow the law.
In 1937, President Franklin Roosevelt put forth the Judicial Procedures Reform Bill. This was an attempt to pack the court and get his programs into law. The bill was defeated, rightfully so.
With the prospects of three Supreme Court vacancies, plus a huge backlog of federal court openings waiting to be filled. This nation of laws cannot wait for 4-8 years to fill them as Mccain has said will occur if a Democrat is elected. That happens in banana republics and dictatorships.
I want to think that we are better than that, but right now I'm not so sure.
