The Senate confirmed Brett Kavanaugh as Supreme Court Justice 50-48 (Manchin's vote wouldn't have made a difference either way) and while we're basically in the full nightmare scenario of 2016-2018, things are just getting started.
Mitch McConnell isn’t done with his “project” to revamp the nation’s courts.
Hours before the Senate was set to approve Brett Kavanaugh to the Supreme Court, the Senate majority leader said in an interview Saturday that he plans confirmations of more lifetime justices before the November election. The Kentucky Republican plans to meet with Senate Minority Leader Chuck Schumer (D-N.Y.) about a package of nominees — and Schumer's response could determine when or whether Schumer’s vulnerable members will be able to go home and campaign for their seats.
“There are still tools that I have available, that’s why I canceled the August recess. And that’s something I’ll discuss with Sen. Schumer before we leave for the election,” McConnell said in a telephone interview, as he began an extended victory lap on Kavanaugh’s confirmation. He said “of course” more judges will be confirmed before Nov. 6, though Democrats may now be under enormous pressure to block as many judges as they can after the deflating loss on Kavanaugh.
Kavanaugh's ascension to the high court marks the 69th judicial confirmation of Donald Trump’s presidency under McConnell stewardship of the Senate. There are more than 30 lifetime District and Circuit court nominees ready for floor action in the Senate that McConnell could try to confirm before the election, though under Senate rules Democrats could delay them and would likely be able to narrow that list if the two parties try to strike a confirmation deal.
McConnell can tie up Senate Democrats through the rest of October if he wants to, and probably will. They'll get no chance to campaign at home for the last month before the Midterms, and that's exactly how he wants it.
The goal at this point is whether Democratic anger materializes at the polls or not.
Democrats doubt the GOP can sustain the energy and ride it to a decisive election win. They say after the furor over Kavanaugh dies down, the election will still turn on issues like health care premiums and protections for preexisting conditions, and McConnell may actually suffer blowback to his hardball confirmation tactics.
“Undermining the integrity of the Supreme Court and undermining the integrity of the Senate is never a good idea. And I think the American public will see that,” said Sen. Chris Van Hollen of Maryland, who heads the Senate Democrats’ campaign arm. “What you’re going to see are people that think this is travesty and a sham are going to be very fired up.”
Regardless of the electoral consequences, the payoff of Kavanaugh’s confirmation for conservatives will be enormous. After taking the majority in 2015, McConnell blocked many of President Barack Obama’s judicial nominees, including Merrick Garland for the Supreme Court — before confirming Neil Gorsuch in 2017 and now Kavanaugh.
McConnell declined to say whether he anticipated another Supreme Court vacancy as majority leader. But his work to cement a conservative majority on the court will resonate long past McConnell’s tenure as majority leader and the senior senator from Kentucky.
“This project ... is the most important thing that the Senate and an administration of like mind — which we ended up having — could do for the country,” McConnell said. “Putting strict constructionists, relatively young, on the courts for lifetime appointments is the best way to have a long-term positive impact on America. And today is a seminal moment in that effort.”
Clawing back our democracy will be the work of the rest of my lifetime. Trump judges will be taking civil rights and ruling in favor of Christian and corporate ownership for decades. They will be dismantling classic liberalism all the back to the New Deal, if not Reconstruction.
The next several decades will be of darkness.
It's up to us to light the way through it.
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