If the Democratic Party and its leaders Nancy Pelosi and Chuck Schumer thought things were bad, they haven’t even begun to face their upcoming greatest battle. It will be President Trump’s next United States Supreme Court nomination, and they are powerless to do anything about it. President Trump is almost sure to get at least one more court nomination during his first term. If he wins a second term, all bets are off. He could very well appoint another. After the “Notorious RBG” Justice Ginsberg retires, the next to go will most likely be Justice Breyer. He is getting to the average age of retirement which is around 80. He turned 80 in August.
Look at the battleground as it is now. The Republicans and Democrats are fighting head-to-head over the border barrier that President Trump is demanding funding for before the government shutdown will end. As of now, the president is taking a lot if not most of the blame for this, but that is shifting. With the news that after offering to re-open the government if the Democrats would commit to funding the border barrier later in February, Nancy Pelosi flatly said no. That ended the negotiation last week.
Her response was shocking, as there was so much the Democrats left on the table. DACA, the H1b visas, a path to citizenship, and other aspects of border security that the Democrats were asking for were all there, laid out by the president. He wanted one concession from the Democrats, and Pelosi denied him in no uncertain terms. Being the hard-nosed negotiator he is, Trump did what every negotiation course, book, lesson, or experienced negotiator suggests: he walked out.
The Democrats could have had just about anything they wanted, and they threw away this golden opportunity because of stubbornness and ego. The very things they have voted for in the past they now opposed because it was the president asking; nothing more, nothing less.
The Next Battleground
As opposed to the border barrier funding where the Democrat-led House has sway, they are ill-equipped and completely overmatched for what is coming. President Trump has already seated two Supreme Court Justices. With the chance for Justice Ginsberg retiring, looking more and more likely, President Trump will get another opportunity to reshape the bench to his liking. With the pain the Democrats are causing the Republican Party as they stand with the president, the Republicans will not hesitate to stick it to the Democrats when it is time for the next nominations.
Because of the structure of the Senate now even more solidly in the control of the Republicans, they can seat anyone they want. What the Democrats whine about or do will not amount to a hill of beans. They will not be able to stop the steamrolling of the nominee to the bench, simple as that.
Effect of the Next Nomination
Even a political neophyte knows how this works today. President Trump makes a decision or a proposal and the Democrats shout it down. So, he does it anyway through executive order. That has invariably resulted in an automatic lawsuit in the 9th Circuit Court, where the president is almost always stopped. The issue is eventually pushed all the way to the Supreme Court. There the president has a much better record as to wins and losses. That has been the case with the current court makeup.
Now, imagine President Trump placing another Justice or two on the bench. What does this mean? It means he can make a decision based on trying to get to the Supreme Court as a primary goal and not as a last resort. Gun control, border security, immigration, Obamacare, travel bans, and more are all in play, and the Democrats will be hard- pressed to do much more than stand on the sidelines and wring their hands.
This pushback the Democrats are going to get is really of their own making. The argument over the border funding is going to be seen more as their problem because of their refusal to negotiate and not one that rests solely on the shoulders of President Trump and the Republicans. The amount of money requested is relatively small. 5.6 billion dollars is a drop in the bucket when it comes to government spending, and the longer this goes on, the more that is going to become evident. Considering the California bullet train project is costing 100 billion dollars so far with no end or completion in sight, the argument over the border funding seems silly.
When Might This Next Nomination Happen?
The news that Justice Ginsberg for the first time in her history missed oral arguments last week was a surprise. Now the Supreme Court has issued a statement that Justice Ginsberg will miss oral arguments this coming week as she recovers from her latest surgery. “Justice Ginsburg will continue to work from home next week and will participate in the consideration and decision of the cases on the basis of the briefs and the transcripts of oral arguments. Her recovery from surgery is on track,” Supreme Court public information officer Kathy Arberg said in a statement.
Justice Ginsberg has suffered so many struggles and has always bounced back fully. She has now fought off three bouts with cancer, several health scares due to falls causing broken ribs, and the devastating death of her beloved husband. Justice Ginsberg is legendary for her learned decisions in civil rights, anti-discrimination, and gender issues. She has been at the forefront of some of the most monumental opinions and dissents of the Supreme Court. Her time on the Supreme Court of the United States has changed the world we live in forever.
No one wishes anything but the best for Justice Ginsberg, but like the aging fighter that realizes he can no longer compete in the ring, it is time for her to hang up her robe.
