Pelosi doesn’t rule out new impeachment inquiries to block Trump’s Supreme Court nominee

Appearing on ABC’s This Week on Sunday morning, House Speaker Nancy Pelosi honored the late Justice Ruth Bader Ginsburg by aptly describing her as a “brilliant brain” on the Supreme Court, reminded people that it’s absolutely imperative to get out and vote this November, and the ongoing importance of battling the novel coronavirus pandemic. On the subject of the vacant Supreme Court seat, the Democrat from California didn’t rule out launching an impeachment inquiry of Donald Trump (for the second time) or Attorney General Bill Barr, which would delay the Senate’s ability to confirm a Supreme Court nominee of Trump’s, either. 

When host George Stephanopoulos hypothesized a major concern of progressives—that even if former vice president Joe Biden wins the election, Republicans and the White House might try to push through a nominee anyway in a lame-duck session—Pelosi replied: "We have our options.” The speaker continued, “We have arrows in our quiver that I'm not about to discuss right now but the fact is we have a big challenge in our country. This president has threatened to not even accept the results of the election.”

She stressed that the “main goal” is ultimately to “protect the integrity of the election as we protect the people from the coronavirus." The speaker noted that she believed the late Ginsburg would want that same goal. Pelosi also clarified that “None of us has any interest in shutting down the government,” saying it would be too harmful to so many people in the nation.

“When people say, what can I do? You can vote,” the speaker stressed. “You can get out the vote, and you can do so as soon as possible.” She added that the same day we lost Ginsburg, ten states started early voting.

Stephanopoulos circled back to a potential impeachment inquiry and asked if the House would “rule anything out.” Pelosi drove home the basic tenant of public service: responsibility to the people. 

"We have a responsibility,” she stated. “We take an oath to protect and defend the constitution of the United States." (If only Trump saw it that way.) Pelosi continued: “We have a responsibility to meet the needs of the American people. When we weigh the equities of protecting our democracy, requires us to use every arrow in our quiver.”

Here is that clip.

“We have our options. We have arrows in our quiver that I’m not about to discuss right now,” Speaker Pelosi tells @GStephanopoulos when pressed on what Democrats would do if Pres. Trump and Republicans push a SCOTUS nomination ahead of the Nov. 3 election. https://t.co/JhU93KY3iQ pic.twitter.com/HOmI8AxREN

— This Week (@ThisWeekABC) September 20, 2020

Lastly, Stephanopoulos asked about another big topic among progressives: expanding the court. To that, Pelosi said, “Well, let's just win the election,” adding that she hopes the president will “see the light.” The speaker then used her final talking time to home in on the importance of the Affordable Care Act, and how much the average American has at stake in this election cycle. 

David Frum: Don’t assume McConnell has the votes to confirm

Last night and this morning, I felt like crawling into a hole for the next 40 days or so. And not a deep hole. I didn’t have the energy or joie de vivre for a deep hole. It would have been a shallow hole. Barely a hole at all. Really, I would have just lay down in the dirt until my DNA fused to the worms’ and slugs’ and grasses’ much more upbeat genetic material.

But I’m a more resilient guy ever since I got into therapy and on antidepressants (I recommend both if you’re struggling). And this morning a friend sent me this Atlantic story from former George W. Bush speechwriter and confirmed NeverTrumper David Frum.

He makes some excellent points (one of them being, don't swallow your tongue in abject, pants-shitting fear just yet):

What McConnell did in 2016 was an assertion of brute power, and what he proposes in 2020 is another assertion of brute power. And so the question arises: Does McConnell in fact have the power he asserts?

The answer may be no, for four reasons.

Do tell, David Frum:

The polls do not favor Susan Collins, Cory Gardner, or Thom Tillis—senators from Maine, Colorado, and North Carolina up for reelection this cycle. Yet these competitors may not be ready to attend their own funerals. They may regard voting against McConnell's Court grab as a heaven-sent chance to prove their independence from an unpopular president—and to thereby save their own seats.

Lisa Murkowski of Alaska has also made skeptical noises, and even Lindsey Graham of South Carolina may flinch. He faces an unexpectedly tough race this year, and he is extra-emphatically on the record vowing not to support a Supreme Court confirmation vote in the later part of a presidential year.

Frum also asks if Trump can find a woman nominee (Trump almost needs to nominate a woman to replace the legendary RBG, lest his female support erode even further) at the 11th hour who will be viewed as moderate enough by the senators who could be thinking of defecting.

Any last-minute Trump nominee will face a gantlet of opposition in the Senate, a firestorm of opposition in the country, and probably a lifetime of suspicion from the majority of the country.

Can McConnell and Trump find an appointee willing to risk all that for the chance—but not the guarantee—of a Supreme Court seat? Specifically, can they find a woman willing to do it? The optics of replacing Ginsburg with a man may be too ugly even for the Trump administration. And if they can find a woman, can they find a woman sufficiently moderate-seeming to provide cover to anxious senators? The task may prove harder than immediately assumed.

In addition, Yertle the Asshole’s hypocrisy on this issue is so egregiously off the charts it might create a mutually assured destruction scenario in which Democrats (assuming Biden wins and Dems retake the Senate) feel justified in packing the court by, say, adding two more justices.

But a last-minute overreach by McConnell could seem so illegitimate to Democrats as to justify radical countermoves should they win in November: increasing the number of appellate judges and Supreme Court justices; conceivably even opening impeachment hearings against Justice Brett Kavanaugh.

McConnell may want the win badly enough to dismiss those risks. But many conservative-leaning lawyers in the country may be more cautious. And their voices will get a hearing in a contentious nomination fight—not only by the national media, but by some of the less Trump-y Republican senators. This could be enough to slow down a process that has no time to spare.

I think Frum makes some great points, and anything that will keep me from reaching for the shovel is welcome news right now.

So let’s breathe, and keep fighting on.

A Democratic Senate has never been more important. Make it so.

“This guy is a natural. Sometimes I laugh so hard I cry." — Bette Midler on Aldous J. Pennyfarthing, via TwitterFind out what made dear Bette break up. Dear F*cking Lunatic: 101 Obscenely Rude Letters to Donald Trump and its boffo sequels Dear Pr*sident A**clown: 101 More Rude Letters to Donald Trump and Dear F*cking Moron: 101 More Letters to Donald Trump by Aldous J. Pennyfarthing are now available for a song! Click those links, yo!

It’s time to get in Good Trouble to preserve the legacy of Justice Ruth Bader Ginsburg

Of course we’re crying. A woman who held us all up for so, so long has finally laid down her burden after the literal fight of a lifetime. We’re hurting. We’re afraid. We miss her already

But Republicans are already celebrating the death of pioneering Supreme Court Justice Ruth Bader Ginsburg as an opportunity. Donald Trump is calling on Republicans to act quickly to confirm whatever nominee he puts forward. Senate Majority Leader Mitch McConnell is contemplating whether a no-witnesses impeachment can be topped with a no-hearings confirmation. Ted Cruz is thinking about nothing except what he won’t be wearing under that black robe. Tom Cotton is speeding through his collection of KKK-approved all-white handkerchiefs mopping up all of the drool. And Josh Hawley is … probably shooting something.

There is absolutely no doubt that the GOP will now engage in the Hypocrisy Olympics, working hard to master the art of the 180-degree turn and racing to put Trump’s nominee across the line in record time. But a mere willingness start a hell-in-a-handbasket assembly line may not be enough to put another butt in Ginsburg’s seat on the Court before it even has a chance to cool. Democrats are not about to roll over. This is a fight worth having.

2020 may have robbed us of both Ruth Bader Ginsburg and Rep. John Lewis, but it’s time to get in Good Trouble. And there are multiple ways to fight.

“From where I sit, Ruth Bader Ginsburg's dying wish was not that McConnell would do the right thing. She knew he wouldn't. It was that we would FIGHT LIKE HELL to preserve her legacy.” — Elie Mystal, The Nation

Hillary Clinton has offered a three-part plan for fighting against the rapid replacement of Justice Ginsburg: 

1) Win over GOP Senators on principle.

There are dozens of Republicans who barely finished articulating why there could not be a nomination for a Justice during an election year. Not only did many of them voice this in 2016, some of them have continued to do so over the last four years in the most adamant terms; terms that having included things like “even if this was a Republican president.” It’s included telling America to “use my words against me” if they didn’t hold true to this claim. It may seem that there are no Republicans left willing to stand up for any principle, especially one they created out of convenience in the last election cycle, but that feeds right into the next point.

2) Pressure GOP Senators in tight re-election bids.

There are definitely Republicans in red states who will feel like falling in line behind Trump and McConnell is the only option. But there are also those—like Susan Collins—who are already finding that standing too close to Trump is leaving them with radiation burns. Push them. Make this an issue. There’s absolutely no doubt that, no matter who Trump nominates, it will be some Federalist Society-approved ultraconservative, ready to tear down everything Justice Ginsburg accomplished and paint the nation in a shade of industrial repression gray. Make it clear that anyone voting for Trump’s nominee—anyone who even supports a vote on Trump’s nominee—is supporting the reversal of every gain made under Ginsburg. 

3) Use procedural obstacles in the Senate.

There are not nearly as many obstacles here as there used to be, because the idea that the Senate runs on rules has been simply discarded by McConnell—who regularly discards the idea of regular order to simply do as he pleases. Still, there are some shreds remaining. To start with, Democrats must refuse  a continuing resolution so long as there is any threat of McConnell forwarding a nominee. Unless there is a binding agreement—an agreement that goes way beyond McConnell’s word—shut it all the #$%@ down. In addition, Democrats must deny the Senate unanimous consent. Not just unanimous consent on the nomination, but on everything. The Senate has less than two weeks of scheduled sessions in the remainder of the year. Democrats need to deploy every possible roadblock to scheduling hearings, holding hearings, bringing a nominee forward, scheduling a vote … these are delaying tactics, and there’s little doubt that McConnell will run over them all. Only, if the polls start to show that Americans aren’t happy about the nominee or the process, McConnell might start to lose some of these procedural votes.

And Americans are already not happy.

In Times/Siena polls of Maine, North Carolina and Arizona released Friday, voters preferred Mr. Biden to select the next Supreme Court justice by 12 percentage points, 53 percent to 41 percent. In each of the three states, Mr. Biden led by just a slightly wider margin on choosing the next justice than he did over all.

According to that poll, the desire to see Biden pick the nominee is actually higher than the base support for Biden. This could very well mean that the importance of this issue gets driven home to Republicans up for reelection in a very visible way.

But if any of the above is going to happen, it’s also going to have to happen in the streets, on the phones, and in every forum where Democrats—and everyone else—can make it clear that the legacy of Justice Ruth Bader Ginsburg must be preserved at all cost. She carried us this far. Now we have to carry her dream.

Ruth Bader Ginsburg’s body isn’t even cold and Mitch McConnell is dancing on her grave. This is war. Dems have powerful weapons. Now is the time to use them.

— Rob Reiner (@robreiner) September 19, 2020

Will Republicans stand by their own statements, or join McConnell in the most profound hypocrisy?

Four years ago, Mitch McConnell infamously refused to consider the nomination of Merrick Garland to the Supreme Court. Instead, McConnell twisted a never-employed 1992 comment from Joe Biden into a “rule”: Nominees to the Court should not be considered in the year before an election. There was absolutely no justification, in law or in practice, for this rule, and while Republicans trotted out statement after statement claiming that they were following some sort of “tradition,” the truth was that McConnell invented this faux tradition whole cloth. 

Even before Donald Trump, McConnell recognized the fundamental flaw in the American Constitution—at too many points, it counts on the participants in the process of government to act with a sense of honor and commitment to the nation. The authors of that document assumed that commitment to country, and a fair dose of public pressure, made it unnecessary to cross every “T” on the to-do list. They did not contemplate the kind of men who were perfectly willing to ignore a president’s nominee to the Court, or to dismiss an impeachment without hearing a single witness. They didn’t contemplate the depth of partisanship that would make these cowardly actions something Republicans would celebrate and encourage.

Like Donald Trump and William Barr, Mitch McConnell saw that the rules as written gave him the power to grab hold of the process of democracy and strangle it. But McConnell wasn’t alone in the fantasy he spun in 2016; a long line of Republicans joined him in fabricating claims and statements, and went before the nation under the pretense of a rule that never existed. It’s clear—it’s long been clear—that McConnell is unconcerned about being caught in his lies. He’s a happy hypocrite, unconcerned with either public scorn or the verdict of history. After all, he expects the nation he’s creating through corruption of the judiciary to write that history. The questions now are: Who will join him, and can they be stopped?

As McConnell spun his rule straight from his nethers, Republicans in 2016 did the same thing that Republicans have long demonstrated as their primary attribute: They fell in line. And if falling in line required lying about Senate rules, the Constitution, or history, they were willing to go there, even if the lies were obvious. Mother Jones has compiled a list of Republican senators who, four short years ago, engaged in chest pounding over the wrong, wrong, wrongness of voting on a Supreme Court nominee in an election year. FactCheck.org has also compiled a set of statements made by Republicans in 2016—and after—that definitely need to be on the lips of every reporter, and constituent, who speaks to them from now until January. Finally, Cosmopolitan put together such a list back in February of 2017, for the express purpose of holding Republicans true to their own statements.

Of course every list is headed by McConnell.

Morning Joe put together a montage documenting Mitch McConnell's shameless flip-flop about the appropriateness of filling a SCOTUS seat in a presidential election year pic.twitter.com/Czc6dmPGbS

— Aaron Rupar (@atrupar) May 29, 2019

John Cornyn (from his own website): “I believe the American people deserve to have a voice in the selection of the next Supreme Court Justice, and the best way to ensure that happens is to have the Senate consider a nomination made by the next President.”

Ted Cruz:  “It has been 80 years since a Supreme Court vacancy was nominated and confirmed in an election year. There is a long tradition that you don’t do this in an election year.”

Marco Rubio: “The Senate is not moving forward on it until after the election. Senator McConnell, the majority leader, has already made that clear. And I agree with that. There’s been precedent established over 80 years that, in the last year, especially in the last 11 months, you do not have a lame-duck president make a lifetime appointment to the highest court on the land.”

Also Marco Rubio: “Number one, I don’t think we should be moving on a nominee in the last year of this president’s term—I would say that if it was a Republican president."

Lindsey Graham: “If an opening comes in the last year of President Trump’s term, and the primary process has started, we’ll wait to the next election.”

“I want you to use my words against me. If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let’s let the next president, whoever it might be, make that nomination." pic.twitter.com/quD1K5j9pz

— Vanita Gupta (@vanitaguptaCR) September 19, 2020

Cory Gardner: "I think we’re too close to the election. The president who is elected in November should be the one who makes this decision." (This statement was made in February 2016, 10 months before the upcoming election. Gardner at first said he would consider a nominee for Obama, before McConnell forced Gardner to recant.)

Jim Inhofe: “It makes the current presidential election all that more important as not only are the next four years in play, but an entire generation of Americans will be impacted by the balance of the court and its rulings. I will oppose this nomination as I firmly believe we must let the people decide the Supreme Court's future.”

Chuck Grassley: “Following the death of Justice Scalia, as Americans were beginning to cast their votes for the next President, I said that we’d move forward with the next President’s nomination to the Supreme Court, regardless of who won. The President has made his selection and that’s what we’ll do."

Also Chuck Grassley: “A lifetime appointment that could dramatically impact individual freedoms and change the direction of the court for at least a generation is too important to get bogged down in politics. The American people shouldn’t be denied a voice.”

Still more Grassley: Grassley invited Merrick Garland to a breakfast meeting, not to consider him as a candidate, but to ”explain why he will not hold hearings.”

Joni Ernst: “We will see what the people say this fall and our next president, regardless of party, will be making that nomination.” 

Thom Tillis (from his own web site): “The campaign is already under way. It is essential to the institution of the Senate and to the very health of our republic to not launch our nation into a partisan, divisive confirmation battle during the very same time the American people are casting their ballots to elect our next president.” 

Ron Johnson: “I strongly agree that the American people should decide the future direction of the Supreme Court, by their votes for president and the majority party in the U.S. Senate.”

In 2016, Susan Collins called for public hearings on Merrick Garland and praised the nominee. This was, of course, pre-falling in line.

Ditto for Lisa Murkowski, who at first supported holding hearings, only to come back and “revoke” her support after a conversation with Grassley. “Senator Murkowski respects the decision of the chair and members of the Judiciary Committee not to hold hearings on the nominee.” 

As a special bonus, here’s Ted Cruz—not just proclaiming that there should be no vote before the election, but warning about how Merrick Garland is exactly the kind of nominee you could expect … from Donald Trump: "Merrick Garland is exactly the type of Supreme Court nominee you get when you make deals in Washington D.C. A so-called ‘moderate’ Democrat nominee is precisely the kind of deal that Donald Trump has told us he would make—someone who would rule along with other liberals on the bench like Justices Ginsburg and Sotomayor. We cannot afford to lose the Supreme Court for generations to come by nominating or confirming someone that a dealmaker like Donald Trump would support ... I proudly stand with my Republican colleagues in our shared belief—our advice and consent—that we should not vote on any nominee until the next president is sworn into office. The people will decide. I commend Mitch McConnell and Chuck Grassley for holding the line and ensuring that we the people get to exercise our authority to decide the direction of the Supreme Court and the Bill of Rights.”