When Heroes Fall

The lives of Supreme Court Justice Ruth Bader Ginsburg and Congressman John Lewis together show a very big truth about this country: There are many ways that one can make a difference in the great cause of "liberty and justice for all". Their examples suggest that the way can--or must--be a nonviolent one. 

  The Notorious RBG Justice Ginsburg had great abilities which allowed her, a true product of merit, to rise above her obvious disadvantages. In my view, her superpower was rhetoric, the ability to express herself precisely, concisely, and accurately, in order to persuade. Listen to her public speech: Every word deliberately chosen. 

 I leave it to others to flesh out her amazing biography, but I feel her writing will be studied as one of our greatest jurists (though too often in dissent). 

 She was very clever in the way she interacted with others, with humor and grace, and I feel she tolerated the worshipful praise she received because it did so much to encourage others. 

 It is sad that she was unable to complete this year on the Supreme Court's bench, which she loved and upon which she reflected so much honor. If only her last wish, to hold off on seating her replacement until after January 20, could be honored (see below). 

 John Lewis - The Modern-Day Social Justice Warrior? 

 You could say so, but it is a different kind of war. A nonviolent war.  Like Ginsburg, he worked within the framework of lawful challenge to legal injustice. 

 A friend of mine made the comment, referring to my condemnation of Republican hypocrisy with regard to the Supreme Court nomination, "Calling politicians hypocrites is like calling prostitutes whores." To which, my response was simply, "John Lewis?"

 I have not always been either fully aware or fully appreciative of all that he has done. I knew that he had led the Student Nonviolent Coordinating Committee when that was an accurate description of that organization's activity. I remember being shocked when he defeated Julian Bond in a party primary runoff for the Congressional seat that he then held for 34 years. Then there was a long time that we came to learn what John Lewis was about, what he had always been all about. 

And, to the greatest extent, what Ruth Bader Ginsburg's life and career were all about. Their 'brand', if you will, was about as solid as there was. Will there be those who can rise to that level, with the quality and purity of agency? At least they have opened doors. 

Ruth Bader Ginsburg - The post-mortem 

No morals, no principles. Just an unrestrained grab for power and money. 

There is a compromise, and it's not hard to find. 

 Trump has every right to nominate the candidate of his choice, but there is to be no final cloture allowed on the motion to confirm the nomination before the election. Thus the election can be conducted with the question of the acceptability of his nomination implicit in the verdicts of the voters, and the vetting of the candidate can go forward in good faith. If Trump and the Republican Senate should lose, they could go forward with the vote during the lame duck session, but at their own peril, knowing that the gloves would come off in terms of future Senate rules. 

Ideally, the new Congress can consider the qualifications of the candidate after being sworn in. Or not. All that is required is that McConnell agree not to close off the filibuster before Election Day. 

McConnell knows all this, but will give away nothing unless he must. 

He will attempt a hard line on starting immediately with the confirmation as soon as the person is named. There will be "concern" from several Republican Senators and within their ranks, maybe a thin group of binding No votes on a summary process (like the impeachment trial was). Sen. Collins can be relied upon to oppose an immediate vote, and so can Sen. Murkowski. Romney is more than just a possible roadblock.  

The fourth known potential defector (four are needed) is one who's specifically excluded a vote during election time in the past. South Carolina Senator Lindsay 'Gollum' Graham, in the electoral fight of his life, will choose the slimiest route toward the sea on this troublesome vote. His self-serving logic I believe looks like this: if he sticks with Trump on this one, he may or may not win his re-election, but if Trump wins and Graham loses, he could still maybe get a Cabinet post, specifically Secretary of Defense, a job which would certainly open up in that case. So the odds are better that way (in his calculation) than for sticking to the principle to which he invited all to hold him accountable. What that translates into in Graham's behavior will be a call for proceeding "with normal order" (as if an upcoming election does not always disrupt normal business) and then extravagantly praising the nominee and calling for approval by acclamation. 

This won't hurt McConnell in his contested re-election campaign, which for him is just about bringing home his state's base of support. It may hurt his chances of holding onto Senate control, though. Putting incumbents in tough races (IA, CO, AZ, and especially NC as examples) into a bind may backfire. My reading of his public statements does not commit him to a vote before the election, only before the end of the year. I will look for him to prepare the way (all the hearings and meetings that can be arranged), but actually hold the meaningful votes in the weeks immediately following the election, whatever the outcome. 

For Mitch, whether Donald Trump wins or not is irrelevant: Like he is for Putin, Drumpf is McConnell's useful idiot he can do without if necessary. But the SCOTUS seat for McConnell is of paramount importance. That, and somehow preventing the Democrats from reversing his weight on the scales of justice after he and his crew depart, as they must soon.

Post P-M:

  I should've posted the above last night (Sunday the 20th) but for some technical issue with the new interface on blogspot.   I watched the touching Mitch speech to commemorate RBG, followed immediately by his line in the sand.  I still see the confirmation vote being sometime in the range of Nov. 14-21, whether the election outcome is Yea, Nay, or still being counted.   That is about the best they can do, except appeal to hypothetical Republican consciences. 

I don't see this changing the Presidential race much; I do see this impacting some Senate races, and raising the level of awareness of its importance.  Unlike some others, I think this "principled stand" Sen. Collins is taking might help her save her seat.