Recently, John McCain suggested that Republicans would block anyone Hillary Clinton attempts to appoint to the Supreme Court. Almost immediately afterward, he tried to deny that’s what he had said. But I just knew that some Republican politician would take up McCain’s idea. You know, someone a bit crazier than McCain.
So it was hardly a surprise when Ted Cruz started suggesting that having eight members of the Supreme Court would be just fine. You know, until some far-away day when a Republican (like himself) would be elected president.
What happened to the Republican assertion that we should let the voters speak and defer to the next elected president? I guess that promise only held until it became obvious that they were about to lose.
Indeed, Rep Jason Chaffetz (R-UT) is threatening all kinds of other abuses of power will be committed by the Republicans if Clinton wins. Like blocking all of her nominees (not just Supreme Court justices), and lots more investigations of Clinton (like they did for Benghazi and emailgate). Yup, the Party of No and the Do-Nothing Congress will live on.
If the Republicans do this, then I think it is only fair that the Democrats pull a few tricks. Electoral-Vote explains:
Needless to say, after pleading with the Senate to do its job for a few months, Clinton’s patience might run out. There are things she could do on her own to get some things decided, however. For example, suppose she issued an executive order saying that no undocumented immigrant who has been in the country for at last 5 years, has no criminal record, and who has paid federal income taxes will be deported, nor will any members of that person’s family. The Republicans would immediately sue her. She could probably successfully argue that the case should be heard in D.C. and the resulting appeal should be heard in the U.S. Court of Appeals for the District of Columbia. There are currently 11 active judges on the D.C. Circuit Court, of whom Merrick Garland is the Chief Judge. One of the judges was appointed by George H.W. Bush, three were appointed by Bill Clinton, three were appointed by George W. Bush, and four were appointed by Barack Obama, giving Democratic appointees a 7 to 4 majority. If they decided this case (or any other case about executive orders) in favor of the President, the Republicans would appeal to the Supreme Court, which would likely split 4 to 4, leaving the D.C. Court ruling as binding.
Needless to say, running a country by executive order would be a dangerous precedent, but what is the alternative if the Republicans keep their pledge to bring our government to a screaming halt?
The Republicans not only appear to be in a death spiral, but they are intent on taking our country down with them at all costs.
Also published on Medium.