Wednesday, February 1, 2017

Shooting the Moon: The Nuclear Option

Here's a strategy for you:  You force the Republicans to abandon the "filibuster" which means requiring 60 votes for a Supreme Court nominee (not staying up all night in a diaper talking about Green Eggs and Ham) and then you get this right wing lunatic Justice making the Court in Scalia's image.

He started it

Then you bring a Roe v Wade case and, of course lose it, making abortion illegal either nationwide, or more likely in Bible Belt states.

Then you watch as the knuckle draggers in the Rust Belt and even some parts of the South finally realize what they have wrought with their sweetheart, the Donald.

Then you take back the House and the Senate in 2018 and then...
Then you have no filibuster in the Senate and you pass the law which makes the Supreme Court virtually term limited. You can't fire Supreme Court justices (Article III, section 1) but you can pass a law without amending the Constitution to add new justices with each new President, say, two during his first term and two during his second term and only the 9 most recently appointed get to vote.

So then, you have recognized the truth about the Court, that it is every bit as political as the executive or the legislature.  But you have wrested control of the Court from the past and made it respond to the needs of the present.

Of course, once you have Congress, you can work toward defeating Trump on everything else.

You will say this is risking everything, delivering all power into the hands of the Republicans who will then need only 51 Senate votes to deliver whatever they want. I must answer: How different is that from what you have now? At least it will be clear there have been no collaborators, when and if the end to their power comes.

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