Former Clinton adviser: Any Trump Supreme Court pick will be "fundamentally illegitimate"

The new Supreme Court session begins in just two weeks. Early voting for the presidential election is already happening in some states. The death of Justice Ruth Bader Ginsburg will rally voters on both sides of the aisle. The possibility of a solidly conservative Supreme Court with 6 conservative justices on the bench is something I’ve not experienced in my lifetime. That is what will happen when President Trump announces his third pick for the Supreme Court this week.


Needless to say, Democrats are organizing to stop Trump. Justice Ruth Bader Ginsburg entered the political battle by allegedly issuing her wish that her replacement not be chosen until after the next inauguration because she assumed that Joe Biden will win the election. “My most fervent wish is that I will not be replaced until a new president is installed.” Fortunately, an unconventional Republican president gives wishy-washy GOP senators cover to stand up and do the right thing – vote to confirm his nominee. The alternative, if Biden wins the election, is another liberal justice and that is not acceptable, especially when Republicans are now so close to such a solidly conservative majority.

Let the Never Trump Republicans have to justify their votes in favor of Joe Biden to constituents when the seriousness of this moment is fully realized.

Brian Fallon, a former adviser to Hillary Clinton and an activist Democrat, is calling whomever Trump picks for the Supreme Court a “fundamentally illegitimate” choice.


I wonder what he means when he says “Democrats must be prepared to act accordingly.” Perhaps he just means everyone should exercise their right to vote. Most likely, though, given the tweeter, it means Democrats must do what Democrats have done throughout the Trump presidency – march, protest, demonstrate against the bad Orange Man. Later Fallon presented his playbook.

That’s right – another call for packing the Supreme Court. Ironically, as Democrats complain that Republicans are doing a power grab, they tell us what they will do when they get a chance. Power grabs are only ok if they are doing it. It is ridiculous to say that either side would not act exactly as Trump and McConnell are doing right now. It’s their constitutional duty.


Fallon is consistent in his grandstanding against Trump’s picks for the Supreme Court. He also called Justices Gorsuch and Kavanaugh illegitimate.

Fallon, who leads the group “Demand Justice,” previously argued that the confirmations of Supreme Court Justices Brett Kavanaugh and Neil Gorsuch weren’t “legitimate” either. Under PresidentTrump’s administration, Fallon’s group has lodged a series of attacks on Kavanaugh.

For example, his group previously set up an ad campaign targeting law firms that paid for a group “rebuilding Kavanaugh’s image.” He also led a failed effort to prevent George Mason University from hiring Kavanaugh as a visiting professor at its law school.

This message is being picked up by other activists too, in interviews. Eric Holder, the most corrupt Attorney General in my lifetime, is also calling the next Supreme Court justice choice “illegitimate”. At the end of this clip he, too, says reform must be made, including packing the court. So much for the former Attorney General’s knowledge of the Constitution.


Democrats understand they are not going to be able to stop Trump and McConnell. There will be a third conservative choice from President Trump on the Supreme Court before the next presidential inauguration, whether it is for him or for Joe Biden. Their frustration is being channeled into fundraising efforts, which you would expect, especially this close to Election Day. Another Clinton throwback, this time from Bill Clinton’s presidency, encouraged Democrats to donate to Mitch McConnell’s opponent.

Democrats would love nothing more than to unseat McConnell, who faces a re-election against McGrath, a former Marine fighter pilot. But the seat isn’t considered among the most likely Republican-held seats to flip.

Still, Joe Lockhart, former press secretary for President Bill Clinton, called on Democrats to donate to the McGrath campaign.

“Anyone looking to send a political message tonight take out your credit card tonight and contribute to Amy McGrath. Let Mitch McConnell know we’re not f******* around this time.”

That idea is also a loser for Democrats. McConnell is up by double digits in the polls. His seat isn’t one that is on anyone’s list as one that is vulnerable this election cycle.

But Kevin Kruse, a Princeton University history professor and outspoken progressive, pointed to McConnell’s sizable poll lead. A Quinnipiac University poll this week found McConnell ahead 53% to 41%, among likely Kentucky voters.

“Yes, Mitch McConnell is up for re-election right now, but he’s still holding a double-digit lead despite Amy McGrath getting a ton of money. If you want to beat him, focus instead on denying him a majority in the Senate. Donate to the @dscc,” referring to Senate Democrats as a whole.

Although not mentioning McGrath by name, Sen. Brian Schatz, D-Hawaii, seemed to refer to her in a tweet urging Democrats to give to the “Get Mitch or Die Trying” cause.

“Give here,” he said. “Don’t pick your favorite candidate or the one you’ve heard of. Give here. I repeat, this money goes directly to the most competitive races, not just the most famous candidates.”

The McGrath campaign did not respond to an email asking how much it has raised since Ginsburg’s death. McConnell’s campaign could not immediately provide a fundraising figure.


Senator Brian Schatz, a hyper-partisan from Hawaii, asked that donors just give to another group effort, not to one specific candidate.

Lots of campaign cash doesn’t guarantee victory on Election Day. Hillary Clinton was flush with donor money while Donald Trump campaigned on a shoestring budget in 2016. Money can’t cover up a bad candidate. Amy McGrath is not a good candidate. Mitch McConnell is the most powerful man in the U.S. Senate with the experience and skill necessary to get Trump’s SCOTUS pick through. Voters would be crazy to throw him out for McGrath.

Join the conversation as a VIP Member

Trending on HotAir Videos