“OK,” says the radio host, “if you think Obama’s selection is bad, wait until you see what Hillary has in store!” This theory postulates that by preemptively stonewalling all of Obama’s nominees, Senate Majority Leader Mitch McConnell will be left without any ammunition to stop Hillary’s pick. She will have a free hand. If, however, the Senate engages in a tactical surrender now (and I’m sure grassroots voters will love this idea), it will have a stronger case to stop a Clinton pick. Or the Senate could accept the moderate Obama selection. There are few things wrong with this proposition.
First, Hillary might lose.
Second, as it stands, the SCOTUS debate is really about a dozen political issues. Abortion. Citizens United. Guns. After years of gridlock and the administration’s assertive use of executive power, all of our most contentious policy issues are tied up in the courts. Debating the EPA’s unprecedented power grab or talking about gun rights being weakened by the court, tactically speaking, is a lot more productive than spending weeks trying to explain to America why Obama’s telegenic, articulate, quasi-moderate nominee is unacceptable. Republicans would do better to make this a referendum on Obama.
Third, what’s the difference? Obama’s prospective “moderate” nominee would be indistinguishable from the prospective Hillary nominee on important cases. There is no chance of a defection from liberalism for either choice. There will be no conservative Souter, not even a Roberts. If Clinton or Sanders wins (and with every Trump success that prospects grows), the court is likely lost to conservatives, anyway. Why speed up the process?
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