Before the Fireworks: A Refresher on Supreme Court Nominations

By Dennis Lund

Few Senate actions are as dramatic or divisive as the ‘advise and consent’ process for Supreme Court nominations. The replacement of Antonin Scalia is shaping up to be a barn burner, since November’s outcome is not a solid bet. We can expect the Democrats to be going full out for rapid approval of any Obama nominee. The Republicans, if history holds true, will likely put up the same level of resistance as France did during Germany’s ‘Fall Gelb’ operations of May 1940.    

Democrats fear Republicans will not follow tradition and might actually offer resistance, thus they could use circumspect methods, such as a recess appointment, to slip in a leftist extremist, such as Holder, Lynch, or Kamala Harris.

However, if the Democrats stick to principles they would honor their own Senate Resolution 334 which urges no SCOTUS recess appointments. The likelihood of that occurrence is about on par with Bill Clinton honoring his marriage vows.

With decades of practice, the Democrats have mastered the art using the judiciary for agenda advancement and they play to win, no holds barred. Republicans still believe their Senatorial opponents are gentlemen who play by Robert’s Rules of Order. They do so without supporting evidence.

Past hearings have been fraught with difficulties, false charges, racist allegations, hypocrisy and despicable politics. As the battle looms it is worth recalling the advice of Sun Tzu: “If ignorant both of your enemy and yourself, you are certain to be in peril.”  

In order to move forward successfully, a refresher on the past is in order:

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Articles: Before the Fireworks: A Refresher on Supreme Court Nominations