WASHINGTON — The death of Supreme Court Associate Justice Ruth Ginsburg places this nation in a position it has rarely faced in history. That of SCOTUS deciding who the next president will be. We all remember the 2000 Supreme Court, a reliable originalist leaning judiciary, placing George Bush in the White House. John Roberts was not on the court then.
In that case, Ginsburg proved so radically leftist that she broke with the Supreme Court tradition, writing her dissenting vote, “I dissent,” rather than the customary “I respectfully dissent.” There was no legal reasoning with Ginsburg, only rabid leftist ideology. Her passing, although a tragedy on a personal level, is a blessing to the Supreme Court, as now some semblance of reason can be applied to its decisions.
Ginsburg did not represent the entire court.
She led the unwavering far-left faction of the court. Beside her was Stephen Breyer, Sonia Sotomayor, and Elena Kagan. But it was well known that Ginsburg led the liberal wing. Although the minority, under her leadership they managed to pull off some spectacular successes with the aid of Chief Justice John Roberts’ help.
He is the wild card and what spreads fear in the hearts of Constitutional originalist across the land.
During George Bush’s presidency, he appointed John Roberts as the Chief Justice of the Supreme Court. Roberts, like Bush, is a reliable globalist neo-con who falls into the never-Trump category of those who call themselves Republicans. He can be relied upon to side with the liberal wing of the Supreme Court on any issue that embarrasses President Trump.
And therein lies the conundrum. With only eight justices to determine any outcome of the upcoming election, a draw means a defeat for any issue that arises in the post-election lawyer-fest that will follow. An army of attorneys lining up on both sides to attack/defend this year’s election results.
Election Lawyers will attack or defend any issue that helps their side while attacking the other side.
Thousands of cases will be filed in state and federal courts. Eventually, those cases will end up at the Supreme Court. And neo-con, globalist Justice John Roberts vote will decide who will be president. We all know where he will land on whatever issue comes before him.
So it becomes imperative that a new, reliably Constitutional originalist be seated prior to November 3; only 45 days away. If not, consider Trump a one-term president. That is unless he is elected in such overwhelming numbers that no court case could overturn the election’s results.
Seating a new justice in only 45 days will be difficult, but not impossible.
Justice Kavanaugh was seated in 57 days, even as contentious as Kavanaugh’s hearings were. Justice Ginsburg was seated in only 43 days. So a 45-day deadline is doable. In order to do so, Senator McConnell needs to muster 51 votes out of the 53 Republican Senators seated today.
It sounds easy but is far from it. Of those 53 claiming to be Republican, two are really not, Lisa Murkowski of Alaska, and Mitt Romney of Utah. Murkowski has already stated that she will not vote before the election, and Romney will almost certainly shaft Trump just for the sheer fun of it.
That gets McConnell to 51 votes. He can only lose one more pre-election.
Susan Collins is way behind in Maine and so are the Purple state Republicans, Martha McSally in Arizona, Cory Gardner in Colorado, and Thom Tillis in North Carolina. Joni Ernst of Iowa is also razor close. It seems unlikely that they will all jeopardize their seats, pre-election, by voting for Trump’s Supreme Court nominee.
McConnell needs to get four out of five of the Senators to take a bullet for the Grand Old Party in order to obtain 50 Republican votes. The 51st will be Vice-president Pence’s deciding vote.
After the election, it might work in the lame-duck session, although I expect Romney and Murkowski will still not back Trump, no matter the election outcome. Both might switch parties if the Senate falls to the Democrats this election.
Which, at this point, is a real possibility.
The key is appointing an originalist on the court to replace Ginsburg is in the lame-duck session.
Will Ernst, McSally, Tillis, and Gardner then have the intestinal fortitude to stand up to the mob, no matter the outcome of their reelection?
If Trump doesn’t win reelection it really doesn’t matter the outcome of a new judicial appointment, because Democrats are already signaling that as soon as Biden wins, that he will stack the court by appointing two radical justices to the court, making it 7/6 in their favor.
Democrats not only always cheat, but they also plan ahead on how to cheat to get their way.
With a Democrat Senate, this stacking of the Supreme Court will happen, and conversely, if Trump wins and the Senate goes Democrat, no new federal judges will be appointed for the next four years.
This election is about more than who is the president, it is about the future of our republic; and Ginsburg’s passing only reminds how precarious it is.
We must reelect President Trump, and return a Republican congress, both Senate and House. If we fail on any level our liberty and freedom will fade along with it.
About the author:
Joseph Ragonese is a veteran of the United States Air Force, a retired police officer, has a degree in Criminal Justice, a businessman, journalist, editor, publisher, and fiction author.
His last book, “The Sword of Mohammad,” can be purchased at Amazon.com in paperback or kindle edition.