The Fire This Time

Justice Ruth Bader Ginsberg has died. In case you’ve been living under a bush the past several decades, she was a hell of a woman. In her 21 years on the bench (appointed by President Clinton) she has been an inspiration to friends and not-friends, ruling with passion and honor. During that time, she’s personally battled both with colon cancer, and won, and then pancreatic cancer in 2009. She fought it hard for 11 years, but succumbed on Sept 18th, in the Year of our Hell, 2020.

We have now gone from ugly election, in the middle of a pandemic that has killed 203,361 Americans, to a full-pitched political battle for the direction of the country for decades to come.

It didn’t have to happen. It really didn’t.

In 2016, Justice Antonin Scalia, died suddenly. With 11 months still left on his term, President Obama nominated Merrick Garland, just the kind middle-of-the-road jurist that was Obama’s speed. All taht threre was to do now for the Senate was to follow the Constitution, hold hearings and a vote. Easy.  

No. Anything but a far-right fire breather would sway the court and change the majority, which is historically one of the farthest-right ones in decades. This can never be. So, Senate Majority Leader Mitch McConnell, already famous for a reputation of ignoring rules when it came to accruing himself and his party power, literally just made up an excuse not to do his job.

“The American people‎ should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President.”

Mitch McConnell, 2016.

Complete bullshit, with no legal or Constitutional basis, but the right-wing Senators and pundits cranked out volumes defending it, casting aside any reputation for seriousness they might have left. Really, they’re a machine of obfuscations and out-of-context quoting. They were fooling nobody, probably not even themselves. This was no stand of integrity by a man who has displayed little his entire career, this was yet another smash the rules power grab.

And he got away with it. 

And the GOP and Trump have gleefully proclaimed their willingness to destroy the remaining public legitimacy of the Supreme Court.

Full screeching stop.

It didn’t have to happen. Still doesn’t.

Here we are, another justice beloved by their ‘side’ and died, some 40 days before a presidential election. How is that infamous ‘McConnell Rule’ applied?

“President Trump’s nominee will receive a vote on the floor of the United States Senate,”

Mitch McConnell, 2020.

One Mitch, two different rules for two different presidents. And this is why the GOP is a party of hypocrites.

I’m just totally shocked. This is my shocked face. May never go back.

How bad is the hypocrisy? You have probably seen the quotes a dozen times by now, but here they are:

Lindsey Graham (R-SC), 2018:

“I’ll tell you this...if an opening comes in the last year of president Trump's term and the primary process has started we'll wait to the next election.”

“I want you to use my words against me. If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let’s let the next president, whoever it might be, make that nomination."

Sen. Thom Tillis (R-N.C.)

Late in 2016, in an op-ed defending the McConnell’s decision: “voters — not a lame-duck president — should decide the composition of the highest court in the land.”

Sen. Cory Gardner (R-Colo.)

“The next president of the United States should have the opportunity to fill the vacancy on the Supreme Court. Our next election is too soon and the stakes are too high; the American people deserve a role in this process as the next Supreme Court Justice will influence the direction of this country for years to come.”



Sen. Susan Collins (R-MN) have said similar things, as has Sen. Lisa Mukowski (R-AK), Mitt Romney (R-UT) is a wild card in this, sometimes showing some backbone. We’ll see.

Now, I suppose they’re not actually hypocrites yet, as they haven’t announced which they’ll vote, but past performance predicts future actions. They’re already coming up with bullshit exemptions to a bullshit rule, like the kid in a cops and robbers game calling out excuses why he wasn’t really shot.

Now, the question is; will they hold to what they have said in the past, or will it be exposed as so much ‘of-the-moment, forget-it-later’ hypocrisy? Well, looks like McConnell has probably solved that one for us. He will gather, pressure and threaten his caucus until he gets the result he wants, he sees what as his job; principles are things that stand between him and what he wants, he doesn’t understand them. This was already going to be a divisive election, one with decades long implications poised to make or break us as a country; now it could be a bloodbath.

It doesn’t have to happen, it really doesn’t. If Trump, McConnell and the GOP would put, for once, country above party, we can step back from the abyss. McConnell would abide by his completely made-up rule, and the choice would go to whomever won the presidential election. McConnell, of course, would never consider such a thing. He makes and breaks rules as it occurs to him to do so; when one is no longer convenient, new one’s spring forth from the head of Zeus, given the little ‘legitimacy’ that McConnell has left, and is treated as if it was always there in the first place.

Maybe the far-right’s beloved Federalist Society could step in to halt the coming destruction, announcing that the seat open should be left open. This would go a long way to cooling the flames and give cover to Republicans who might not to burn down the SCOTUS, not so soon at least.

There is literally no way this will happen.

The Federalist Society, McConnell and the GOP have been on a literal RBG death watch for years now, probably hitting refresh on their browsers to keep check, lists of names already disseminated and ready to announce.

Do I sound cynical? Decades of watching the GOP has made me so. I know to put nothing past them, to ‘trust but verify’ in Reagan’s smug but utterly nonsensical phrase. But I can’t even do that anymore.  

Mitch McConnell could have ended it, simply by following his nonsense ‘rule’ (not a rule), but he cannot pass up yet more power for his dying party. So, he will not.

Trump also could stop it, but he also cannot. This is his ultimate owning of the libs’ and he lives for the moment he can put his boot to the back of his ‘enemies’ neck and grind their face into the dirt.  

They like to see the world burn and fate has given them a blowtorch.

Maybe, just maybe, those Republican senators quoted above, maybe joined by Mitt Romney, will step up to save their party and country and vote either ‘no’ or ‘present’. Or just announce their intentions, denying McConnell and stopping the official vote at all.

But that wouldn’t stop them; the right would tar and feather them, in the press and literally if they could. They’d be fielding death threats like leaves in a windstorm. And Trump and McConnell would hold their vote anyhow.

Save the party or the country.

And the world will burn.