If I thought Donald Trump would start a nuclear war, or any sort of war, in a fit of pique I’d be #NeverTrump too. But I don’t, so I’m not. I think it would help Trump to curb this particular line of attack to name his secretary of state, secretary of defense and national security advisor. (My colleague Robert O’Brien has written on this subject here. Such an action is not illegal despite what some have argued about the applicability of an old statute intended to halt trading jobs for political support.)
But most of the “the Supreme Court doesn’t do it for me” Trump opponents don’t use the “nuclear war looms” argument. Rather, most of the critics of the “save the Supreme Court” argument avoid dealing with the argument by stating flatly that you can’t trust Trump to follow through and select nominees to the Supreme Court from the list of 11 potential nominees Trump provided this spring. They argue that Trump nominees might be as bad as Clinton nominees.
To which I respond: First, you don’t really believe that, do you? And second, and more to your stated objection, you don’t have to trust him. If he breaks from that list, the GOP-led Senate will be within its rights to refuse to consider the nominee given how central the pledge was to the campaign. The court will remain at its 4-3-1 semi-static position but will not veer off the “living Constitution” cliff.
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