Is it just me or do the Democrats really, truly seem to think that there is one set of rules for them and a completely different set for you, me and the Republican Party? Forget about President Trump, when it comes to Trump it seems that the Democrats think he has no rights. No right to privacy, no right to the assumption of innocence, no right to not be slandered and defamed, no right to vie for votes in our democratic republic.
The Democrats should be mad at RBG. The legend goes that Obama wanted Ginsburg to retire while he was president to ensure her seat could be filled by a Democrat, equally left or ideally further left than she was. According to lure, Ruth thought it would be poetic to have her seat’s recipient be decided by the first female president, Hillary Clinton … Ask Amy Coney Barrett how that plan worked out.
Well, now that Trump has appointed 33% of the justices on the highest court in the land, the Democrats are in a box. Staying true to their ideology of equal outcomes over equal opportunity, they have decided they are just going to change the rules to ensure they get their way. We know that they are looking at packing the court and possibly ‘rotating‘ justices. However, according to famous law professor, Johnathan Turley, they also have a demand: Justice Barrett recuse herself from a case that is yet to be heard, but seemingly guaranteed when Biden loses the election.
According to a Wednesday op-ed in The Hill by George Washington University Law School Professor Jonathan Turley:
‘ Richard Blumenthal warned of “consequences” if his colleagues dared to confirm in a reference to threats to change the Supreme Court. The message was clear to vote “no” or the Supreme Court gets it.
Senate Minority Leader Chuck Schumer went full Tony Montana with his “Scarface” version of “You wanna play rough? Say hello to my little friend.” He threatened to use the potential Democratic majority to strip the rights of Republicans that he declared “forfeited” in the confirmation.
Democrats feel disrespected and are threatening acts of retaliation in changing the Senate or the Supreme Court. But the most unhinged was the idea to impeach Amy Coney Barrett after she assumes her seat. This option was raised by columnist Norman Ornstein, who wrote that if she “immediately votes for voter suppression” after she joined the Supreme Court “she should quickly be impeached” because President Trump had “asked her openly to act to tilt the scales of the election.”
It does not matter that Barrett denied such a conversation and that no one has an inkling of how she would vote on election challenges that have not even been filed. Ornstein was building on demands from various senators that Barrett promise to recuse herself from any election disputes. Others have demanded her recusal with pending cases, such as the challenge to the Affordable Care Act to be heard next month. After Barrett declined to discuss her personal views on the environment, still others demanded her recusal forever from any cases related to climate change.
Are you starting to see the where the Democrat party is headed? They are moving towards a one party system. Where they have all the power and no one can question anything they decide. The Constitution no longer matters in their eyes, all allegiances lie with the party. The party, they party, the party.
‘The Supreme Court has been asked to block an extension of mail voting in Pennsylvania, and one party demanded Barrett to recuse herself from the case. The demand is legally and logically absurd. Justices are largely their own judges on recusal. While Blumenthal demanded in her confirmation hearing that she has to recuse herself, doing so would raise concerns of impropriety and political influence. Democrats were demanding that she remove herself without any legal basis for recusal. Now they are trying to muscle her out with this “recuse or be impeached” ultimatum.
The Democrats projection is reaching absurd heights. They tell us that Trump is an authoritarian, yet here they are threatening to impeach a sitting Supreme Court justice for potentially disagreeing with them. This is as anti democratic as it gets. This is governance by intimidation. It’s shameful, but luckily for Dick Blumenthal, he’s willing to lie about military service, the man has no shame whatsoever.
Since they hold the highest judicial positions, Supreme Court justices do not submit to the review of lower court judges on conflicts. It is rare for justices to recuse themselves from merits cases although, for the 2019 term, the nine justices recused 145 times from the review with possible cases for argument. This is done for a variety of reasons, from financial interests in the underlying claims to personal interests in the parties or litigators. New justices are the most likely to recuse on merits cases due to past involvement in the litigation or decisions, as Justice Elena Kagan did after she served as solicitor general under President Obama.
The recusal standard is in the federal code of law, which details grounds like personal bias or prejudice, prior representation, or financial interests of a justice or her spouse. Democrats have been unable to find any direct conflict and instead count on a weak claim of an appearance of a conflict, but that is based on Barrett being confirmed before the election.
The recusal claim is opportunistic. It also is the flipping of the narrative. Democrats falsely accused Barrett of being nominated for the purpose of striking down the Affordable Care Act. The case concerns severability to remove a provision, like the defunct individual mandate, from the rest of the law to preserve it. No credible legal scholar thinks the Affordable Care Act is about to be struck down because at least two conservative justices will probably vote for severability. Indeed, it is far more likely that the law would be unanimously upheld on severability than struck down.’
EDITOR’S NOTE: Social media is cracking down on Conservative content. Many of you have complained that you never see our content in your news feeds. There’s only one way to fight back — and that’s by subscribing to our FREE weekly newsletter. Click here.