Democrats: This is not the Supreme Court pick to fight

After thinking about it (and reading a piece in the Washington Post about Kennedy)…

The oldest and third-oldest Supreme Court justices are both liberals in Breyer and Ginsburg at 78 and 83 respectively. The second-oldest, Kennedy (who is 80) is a conservative that will occasionally vote liberal on certain cases that deal with social issues (i.e. same-sex marriage).

Breyer and Ginsburg will not retire; Kennedy may consider retiring.

Let’s be clear here: Gorsuch is going to be appointed. McConnell can easily kill the filibuster rule and while some are clamoring for the Democratic Party to push him to do it (and erode a great deal of political capital in the process), the reality is that the Democratic Party is currently in a quandary.

The Senate Democrats can appease the base, and move towards a filibuster and deny the Republican Party the ultimate reward in their obstructionism: the capitulation of the party of blue. Or, the Democrats can hold their cards, wait for the much more consequential choice (the second pick that Trash may get), and draw the battle lines then. After all, the second choice determines the court’s ideological direction for years to come.

Democrats do not have a great deal of political capital at the moment. While President Trash is burning through it (and he hasn’t been in office a month), the GOP still controls both houses of Congress and in the long run, this is still McConnell and Ryan’s government (now that the pick is made, Trump will eventually prove to be absolutely useless to them).

The Republicans deployed extreme obstructionism towards former President Barack Obama. However, all of that inertia against the 44th president only ensnared them one significant political victory — Obama’s Supreme Court pick not even getting a hearing. This victory was only realized because Clinton narrowly lost the election.

As angry as we may be, I implore the Senate Democrats to be reasonable about this. If the Senate Democrats appease the base, and McConnell kills the filibuster rule, then the base needs to show up in droves at the polls in 2018. That is if the Democratic base stays angry and motivated. After all, liberals and progressives fell asleep at the wheel during the 2014 mid-terms.

Bannon and Miller know this: the exhaustive list of executive orders so fast is not an accident, nor is it a display to show that Trash is a man of action: it is really an attempt to burn out the opposition’s anger early so that the long con can be put in place throughout the rest of the term.

Long story short: the Gorsuch fight is NOT the one to pick. The second pick is the real fight.

Somewhere between a classical liberal and a modern liberal.