The debate over President Trump's right to nominate a Supreme Court Justice before the pending election has no legal foundation... Under the Constitution, the President may appoint Justices to the Supreme Court as long as he holds the Office of President. The US Senate may confirm his appointments to the Supreme Court as long as they are in session.
Serious legal questions for the 2020 election are before the Courts and more are likely to come... The SCOTUS must have all 9 Justices seated when they hear these cases. A tie vote on any of the election cases could create a Constitutional Crisis as great as the Civil War.
We know there will be additional critical legal challenges to the results of this election... that those legal challenges are likely to be fast-tracked to the SCOTUS for resolution. The Court needs all 9 Justices to ensure there are no ties in their decisions... adjudication.
If Justice Ginsburg wanted to ensure her replacement on the SCOTUS would follow her judicial philosophy, she should have retired while Pres. Obama was President. However, Justice Ginsburg did not retire. Instead, she chose to remain on the Court, to promote her judicial agenda on critical social and civil rights issues pending SCOTUS review. She believed her remaining on the Court was more important than risking her seat going to a moderate Justice.
It is now being reported that she made a 'death bed' request... that her seat remains open, until after the election, knowing that the Court may be called on to settle a disputed election. Understanding, that a Court with 8 justices, evenly divided philosophically, could lead to deadlock and throw the Nation into a serious Constitutional Crisis. She continues to be more concerned with promoting her judicial philosophy than securing the nation from a judicial crisis
The appeal in the MSM and by the Democrats ... is without legal merit. The dramatizing of this issue is wholly political theater for the consumption of the uninformed and frankly is likely to create a Constitutional Crisis and widespread insurrection. However, the GOP must not back down, on this issue, as the Court is likely to be a major player in making decisions that could result in the overturning of the coming election.
Finally, we are standing at a great crossroad and we must not take the wrong path... we must remain adamant about the President's Constitutional DUTY too appoint a Justice to the SCOTUS as quickly as possible, and for the US Senate to confirm that appointment BEFORE THE ELECTION.
Replies
The people now posing as democrats are no longer real democrats. They are indoctrinated democrats leaning socialist or in other words communists, fascist or marxist. There is no other explanation for their acts over the last eleven years.
Barack Obama promised a fundamental transformation five days before taking office. He did not campaign on it he only brought it up just before he took office. However, no one to the best of my knowledge asked for a transformation. Furthermore no one knew what it was at the time and no one even knew what he intended to transform America into nor did they ask. They just cheered his promise wildly. However, it must have been something that was going to require force for in his next breath after promising the transformation he promised a federal police force just as well funded, trained and equipped as the US Military. Such a force had not been needed here in the United States for over 232 years at the time he promised it so why was it suddenly going to be needed unless his transformation was going to require force?
Make no mistake about it Barack Obama’s election was the biggest mistake the American voter ever made. His intent was to destroy America and what we see happening in America today is the after effect of his presidency. He was so sure Hillary was going to be elected president to finalize his efforts to secure permanent absolute power for the communist who pose as democrats. Supporting socialism is just the first step toward their goal of destroying constitutional America.
America cannot be defeated from the outside. Although Obama tried very hard to deplete our military to make us vulnerable to outside attack. We all know that but as Abraham Lincoln said we can be from within. That is the socialist democrats intention! They will not be easy now to defeat but their defeat is imperative. Remember voting is better then bullets and it will take one or the other for sure to save this wonderful free country. What are we going to preserve for posterity a free nation like our fore fathers did for us or a communist state where no one is free? Communism is like a disease that destroys everything it touches. No citizen has ever prospered under any type of socialism! The sooner this nations citizens understand that the sooner we will rid ourselves of it here!
The question however is how do we overcome the indoctrination of thousands of teachers and professors within our education system? Or how did we ever allow this to happen to our wonderful United States of America? The answer is obviously apathy!
I do not believe Pres. Obama won a fair election... I believe it was fraud that elected Pres. Obama and that in fact he is and was not Constitutionally qualified to hold the office of President.
Why are we even addressing that idea - - fraudbama was not and IS NOT even a US citizen! If anything, he is still a citizen of Indonesia, via adoption by his step-father, Soetoro.
We are addressing the legal duty to appoint Justices because the US Constitution has been so twisted and undermined by our Politician's that the MSM and Democrats act and operate as if it is unlawful or underhanded somehow to appoint a supreme court justice in an election year... we are often buried in the minutia of lies and fraud used to twist our Constitution and Statutory law by Marxist ideologues to promote their agenda... this must STOP... or we will lose our Constitutional Republic by DEFAULT... failure to demand it be followed as ORIGINALLY INTENDED... original intent.
I have held that same view, since the results of the 2008 election were posted; then, of course, we had the "vetting letter" re-written and skewed by the communist "Speaker of the House", that clinched the deal.
Tired of the democommie whiners? YES-I've been tired of them for decades, only because I'm older than dirt AND older than most of them, but I digress - -It is NOT the President's "right" to nominate a Supreme Court Justice - - IT IS HIS CONSTITUTIONAL DUTY, to do so, through ALL FOUR YEARS of his term in office! And THAT is a fact of LAW; as usual "facts mean nothing" to the democommie whiners.
Absolutely, June... and thanks for your wisdom and lucid comments on this issue. The Democrats will try to make it appear that Trump is obligated morally and constitutionally to wait until after the election to appoint a new justice to the SCOTUS.
"Because it is his Constitutional Duty", does not mean said nominee will receive confirmation - -that still depends on which party controls the Senate, but we already knew that.
We need another Alito or Thomas on the Supreme Court. These two are the only reliable judges on the Supreme Court. If we had another one like them, it would still be 3:6 against us, Trump, and the US Constitution.
Trump should pack the court with all 5 of those judges on his list to show how anti-American the marxists are with their threats.
Trump 2Q2Q+, Making America GOD's Again. Please, when you vote, vote in person. Anyone with more than 1 brain cell knows that the marxist and their media will start pushing a second wave of Covid-19 just in time for election day. They know the country is on to them, and that WE the People will demand justice for all their crimes against the Constitution and Humanity.