Tuesday, October 06, 2020

The Inauthentic Opposition

Perhaps Chuck Schumer does not read the New York Daily News, but he should because19 good ideas are there about how to stall the confirmation of a zealous, right-wing jurist to the Supreme Court. Instead of strategizing, the Senate Democrats are throwing up their hands and espousing their usual helplessness in the hands of a cruel, arch-villain Mitch McConnell. Once again, conservative Democrats are demonstrating they are the "inauthentic opposition". Worrying about the optics of dilatory tactics in these circumstance is Pollyannish. The public knows that McConnell's effort to slip the confirmation of Mrs. Barrett under the wire is unfair in the extreme. Polls show a large majority want the next President to appoint a replacement for 'notorious' RBG. Democrats are therefore justified in fighting fire with fire, even if it means packing the Court to achieve a more balanced institution.

With three Repugnants out of action due to their leader's dangerous mishandling of the pandemic, and the Democratic caucus likely to pick up another seat in Arizona's special election to replace John McCain, the party has a reasonable chance of thwarting McConnell's nefarious plan to jerk American jurisprudence to the right for at least a generation as a consolation prize for the possible loss of the White House and Senate. US Person thinks unwillingness to resist him is tantamount to collaboration, and condemns Americans to more years without significant political reform.

Appeals to a "sense of decency" are risible. Repugnants have left decency behind a long, long time ago. They see themselves as fighting for the survival of a plutocracy built on white supremacy and free market myth, in which anything goes. At the very least, Senator Schumer should insist that McConnell keep a quorum in Washington available for procedural votes and quorum calls. Senate rules require senators to vote in person. With only fifty effectives at hand, that might be difficult to muster.

If Democrats find a temporary numerical advantage, they could even attempt to undo McConnell's procedural change allowing confirmation of a justice by a simple majority vote. “Premature assertions of hopelessness are endemic to establishment Democratic politicians,” Segal and Teachout, authors of the 19 ways to stop a confirmation vote, write.  No account US Person agrees--waving your hands and complaining about tactics is not going to make the grade. Simply ask yourself this question, Chuck, what would Mitch do?