Home » Process to Confirm Supreme Court Justices Is Broken and Irreparable

Process to Confirm Supreme Court Justices Is Broken and Irreparable

Don
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Courtesy of Geoff Livingstone (Flickr CC0)

Hey, Moscow Mitch, you broke it and it cannot be fixed. You must resign and admit that you violated the spirit of Article 2, Section 2, Clause 2 of the Constitution. You are not the president, nor are you a “kingmaker.”

The President of the United States has the right and responsibility to fill empty seats on the Supreme court. The Senate Majority Leader has the responsibility to hold hearings to confirm or deny those nominations. He or she has no right to tell his or her constituents how to vote after the completion of those hearings.

In February of 2016, President Barrack Obama nominated Judge Merrick Garland for the vacant seat on the court after the sudden death of Justice Antonin Scalia. Although nowhere in the Constitution is it ordered or implied that a vacant seat on the court must remain empty until after the presidential election, Moscow Mitch McConnell created that rule, refusing to hold hearings for Judge Garland.

However, In September of 2020, just seven weeks before the election. Justice Ruth Bader Ginsburg lost her battle with cancer. Trump nominated religious extremist Amy Coney Barrett to fill the empty seat. Moscow Mitch rushed hearings to confirm Barrett. Without being fully vetted, she was confirmed just eight days prior to the election, violating his own rule. The vote was along party lines, 52-48.

A vote is soon to come for President Biden’s nominee to replace retiring Justice Stephen Breyer, Ketanji Brown Jackson. Moscow Mitch announced that he will oppose her confirmation without one specific or valid objection. Most importantly he admits that he will use any means available to encourage every Republican senator to do the same. This is an ethics violation and deserves punishment, as well as a blatant display of racism.

This is irrefutable proof that the system for confirming Supreme court justices is broken. It has become purely political, in opposition to the intent of our founding fathers. One change would lessen the possibility of political bias — term limits.

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Courtesy of Gage Skidmore (Flickr CC0)

It is nearly impossible to remove an incompetent or prejudicial justice from the court. It makes no sense that a justice should receive a lifetime appointment. A man or woman who, by his or her actions proves he or she is unfit to serve on our nation’s highest court, should not be a burden on our nation until his or her death, or chooses to resign.

It is fair to say that Merrick Garland, who is now the Attorney General of the United States, would have been an excellent choice for the court. Her record shows that Ketanji Brown Jackson would also be an excellent selection. However, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett are unqualified to sit on the court, but thanks to Moscow Mitch, they are now enjoying lifetime appointments.

Gorsuch’s only qualification is that he favors the repeal of Roe v Wade.

Kavanaugh’s hearings were reminiscent of the 1991 hearings for Clarence Thomas. Thomas was accused of sexual harassment by Anita Hill. However, the “good old boys” of the senate made Ms. Hill the villain, and Thomas was confirmed.

Kavanaugh’s accuser was Christine Blasey Ford. She claimed she was sexually assaulted by Kavanaugh while in college. Once again, Kavanaugh was approved.

Barrett admits that her religion takes precedence over the laws of men. She would be violating the first amendment with any decision involving religion.

Moscow Mitch is a disaster. He will forever be known as the most bigoted and controlling Senate Majority Leader in history. The old man of the Senate should be censured, and forced to resign.

Op-ed by James Turnage

Sources:

The Hill: McConnell leans hard on GOP senators to oppose Jackson; by Alexander Bolton
NBC News: Is the Supreme Court confirmation process irreparably broken? Some senators say yes. By Sahil Kapur and Frank Thorp V

Featured and Top Image Courtesy of David’s Flickr Page – Creative Commons License
Inset Image Courtesy of Gage Skidmore’s Flickr Page – Creative Commons License

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