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The Coach’s Team (TCT) offers the best in conservative essays along with articles taken from various internet sites. The victory of Donald Trump has provided a God-sent opportunity to reverse the years of willful damage done our nation by Barack Hussein Obama.
Monday, July 9, 2018
Selecting the next Justice: the McConnell factor
Ed. Strange, isn’t
it, that self-important, liberal Republicans pose a greater threat to the
approval of President Trump’s Supreme Court nominee than do self-important, liberal
article appeared in Powerline on July 8th
By Paul Mirengoff
The word today, for
what it’s worth, is that President Trump is still undecided about whom to
nominate to the Supreme Court, and that four judges are in the running. The
candidates are said to be Raymond
Kethledge, Brett Kavanaugh, Thomas Hardiman, and Amy Coney Barrett.
Raymond Kethledge and McConnell
Hardiman, by the way,
was said to be Trump’s second choice when he nominated Neal Gorsuch. He served
with the president’s sister on the Third Circuit, and she apparently
recommended Hardiman for the Supreme Court. Thus, I was a bit surprised that
Hardiman reportedly was only a second tier candidate this time around. Now,
however, he is said to be in the top tier.
I think any of these
jurists would be a good nominee. Some might be slightly better than others, but
I don’t know enough to identify them.
For me, the key is
selecting a confirmable nominee from among this stellar group. To do so, it’s
worth considering the views of the man who will spearhead the confirmation battle,
Majority Leader Mitch McConnell.
According to this
report in the New York Times, McConnell has told Trump that Kethledge and
Hardiman present the fewest obvious obstacles to being confirmed. McConnell
reportedly believes that Barrett might encounter resistance from Sens. Susan
Collins and Lisa Murkowski because she is an outspoken social conservative who
some observers believe may be more amenable than others on the short list to
overturning Roe v. Wade.
Amy Coney Barrett
present different challenges. His role in the George W. Bush administration and
in the Ken Starr investigation has generated millions of pages of documents.
Senate Democrats would demand to see every one them. This could stall the
nomination, making it impossible to confirm Kavanaugh before the Supreme Court
begins its next term and maybe before the mid-term elections.
There’s also the
matter of what these documents might reveal. It’s highly unlikely that they
include a smoking gun that would sink Kavanaugh. However, given the
contentiousness of the Starr wars and the Bush years, it would be
understandable if McConnell didn’t to relitigate those times.
Finally, there’s the
Rand Paul problem. McConnell’s Kentucky colleague hated Bush’s foreign policy
and aspects of his domestic agenda. He’s also said to be upset about
Kavanaugh’s opinion in the Obamacare mandate litigation. If Paul signaled to
McConnell that he won’t vote to confirm Kavanaugh, it’s understandable that the
Majority Leader would prefer another nominee.
Given the uncertainty
as to which party will control the Senate come January, the White House simply
can’t afford failure in the coming confirmation struggle. If McConnell
thinks he’d have trouble getting particular nominees confirmed, his concern
should be taken seriously.