Today, the Senate, on a completely partisan vote, confirmed Amy Coney Barrett to the Supreme Court. We all knew it would happen. It was inevitable. Still, it is a gut punch to every Dem and liberal in the United States.
The Courts are supposed to be non-political. This is the supposed reason for lifetime appointments. We do, however, know that this is not how things work in the real world.
Justices may refuse to speak about anything “controversial,” but it is not hard to figure out the biases of a nominee through their decisions and their writing. It is quite obvious why Amy Coney Barrett was nominated to the Supremes.
Next week, there is an important vote on the survival of the ACA, better known as Obamacare. Without Barrett on the Supreme Court, it is very probable that Chief Justice Roberts would have voted with the liberals on the bench, creating a 4-4 tie. When that happens, the decision of the lower court stands. That would mean that the ACA would survive.
Trump’s ego could not stand that. His signature move for his entire presidency was nothing more than to destroy Obama’s legacy. If the ACA survives, no credible claim to that end can be made.
There is another, far more sinister (if that is possible), reason Trump needs her on the Court. Trump hopes that, if he loses the election, it will be by a close enough margin that he can challenge the result in the courts. This way, when it goes to the Supreme Court, he can “legally” steal the election, much in the same manner George W. Bush did.
None of this happens without a tie-proof court. In other words, none of this happens without Amy Boney Carrot. Two GOP Senators opposed the nomination in the first place. Only one, Susan Collins, voted against her final nomination. I will assume this was a choice to try and keep her seat.
Susan Murkowski, who voiced her dissent on the nomination so close to an election, decided that she needed to vote to affirm her in the full Senate vote. In an interview, she tried to play circumspect about it. She noted that, in her opinion, the ACA should survive. She also felt that Barrett was a qualified choice for the court, even though she has minimal experience as a judge.
Basically, one of two things are happening with Murkowski. One thing for sure is that she is walking a tight rope. She is polling at a loss in a tightly contested Senate race. She may be pandering to Trump’s base, which is, for the most part, her base, to gain momentum. If so, she has lost any left-leaning, and some independent, constituents who may have voted for her in the past. The other possibility is that she knows she will lose and has decided to join in on the scorched earth policy.
None of that really matters. The Dems can take the White House, the Senate, and keep the House. However, the devils deal the GOP made with Trump ensures that the courts belong to them for the next 20 years at a minimum.
