Donald Trump promised to pick one more person from a list of twenty-one to be his first nominee for the Supreme Court.
The list seems to be a good list, but not without pitfalls. First , Trump says they all were chosen with the approval of either the Heritage Foundation, or of the Federalist Society. Both have solid conservative credentials. This seems like a no-brainer, but some on the list are better than the others.
The big concern among some is there lack of a solid paper trail supporting their conservative tag. The horrible possibility that among them is another Souter. Who looked good, but was without a conservative paper trail and ended up becoming one of the most liberal Supreme Court Justices.
One name does stand out however! One with impeccably conservative credentials, and that person is William Pryor. Pryor (age 53), is currently a justice on the U.S. Court of Appeals for the Eleventh Circuit. He has a record for standing up for traditional conservative values, and would be a perfect replacement for Scalia. He has a significant conservative paper trail with almost a perfect record as a jurist.
Pryor has the full support of the senator Jeff Sessions, one of Trumps key advisers. He should have a leg up on the others.
If nominated he above all other on this list get the full rage from the left. The howling from the democrats and the mass media will be deafening. It will make their attacks on Bannon look like a whisper.
And this would be a test for Trump.
The Democrats would filibuster, and the Republicans will have to end the filibuster as a tool to block Supreme Court nominees and we would see if the Republicans have as mush steel as Harry Reid.
It would be a major fight over Pryor, and maybe neither Trump or the Republican have the stomach for it. To avoid a conflict, Trump would have to pic a nominee that some Democrats would support. To do this he would have to let some Democrats have a veto over the selection and that would be a disaster.
End the filibuster now
The filibuster is a rule in the United States Senate that can stop almost any bill from passing with 41 votes. This gives the Democrats the ability to stop the Trump agenda in its tracks.
For example the filibuster can be used to block any selection to the Supreme Court by Trump. They have not forgiven the Republicans for stopping President Obama’s selection of Garland for the last six months. The Democrats are itching for a fight.
Now understand the filibuster is only a rule. It can be eliminated with a simple majority vote in the Senate. So at anytime the Republicans can vote to eliminate the rule.
For years this move of ending the filibuster has been called the “nuclear option,” to be used only in the case of emergency or as a last resort.
Well it is an emergency and it is the last resort. Republicans must end the filibuster.
Donald Trump has to understand that the Democrats are going to fight with everything they have to ruin his agenda and his Supreme Court selection.
The Democrats have already used the nuclear option when in 2013, Senate Democrats barred filibusters for lower court nominees. The precedent has been set.
The argument by some is that if we eliminate the filibuster now it will hurt us when we are in the minority again. Maybe, but we might never again have the trifecta of a Republican President, Senate, and House. The last time that happened was 1928. This might be the only chance we will ever have to show the country what can be done by Republicans. The Democrats will obstruct, delay and attempt to take it all down. They will slow down the process. Stretch out the agenda and weaken Trump and the Republicans.
In order to end the filibuster he will need all but two Republicans. Corralling the Republicans will not be easy, but the preparation for the inevitable must begin now.
Richard Bowers –