Republicans Need To Think Strategically On Supreme Court Nominee Battle


John McCain, in a radio interview in Philadelphia doubled down on the losing Republican strategy of blocking liberal Supreme Court nominees. He said “I promise you that we will be united against any Supreme Court nominee that Hillary Clinton, if she were president, would put up, I promise you.”

According to polls 55% of voters don’t support this strategy, and as it appears a Hillary Clinton victory is almost assured this strategy will become more untenable. All the more worrying for conservatives is the fact that many observers believe the next president will appoint up to three new Supreme Court justices. This will change the trajectory of the court for at least the next thirty years.

Republicans have a lot of experience fighting for a lost cause in their battle against Obamacare. After 50 votes to repeal it, the law is still here. From McCains words it seems they want to take the same approach with Democratic Supreme Court nominees.

Instead of continuing a strategy that has no path to victory what can Republicans do? As Trump would say “make a deal.” In return for fair hearings and an up or down vote for all Clinton’s nominees, extract a promise from congressional Democrats on voting for proposed constitutional amendments. These amendments would give congress and the states the ability to override Supreme Court decisions. The amendments already have public support as they were proposed in Mark Levin’s book The Liberty Amendments.

This “Grand Bargain” gives both sides a victory. The Democrats get their nominees through Congress. The Republicans shake off the image of them being the party of no. They also get the chance at a game changer in the fight against Federal overreach. Since Republicans control 68 out of 98 state legislative houses they should be able to enact these proposed amendments and start reigning in the power of the court.

This only happens if all Republicans show up to vote the down ticket even if they despise Trump. It also only happens if Republicans stop being the stupid party and the party of lost causes and start thinking strategically.

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