Publisher's Note: One of the most significant things you can do to promote Liberty is to support our mission. Please make your gift to the 2024 Year-End Campaign today. Thank you! —Mark Alexander, Publisher

March 16, 2016

Supreme Court Calculus

The essential question for Senate Republicans.

The political implications are “yuge.” On Wednesday, Barack Obama nominated Merrick Garland to fill the Supreme Court vacancy left by the death of Antonin Scalia. Bill Clinton nominated Garland to the DC Circuit Court in 1995, and Obama insists he’s “uniquely qualified.” (It may be politically incorrect to say so, but we’re somewhat surprised Obama nominated an old white guy.) “This is precisely the time when we should play it straight,” Obama said, claiming Garland should be acceptable to Republicans in the Senate — in part because seven of them voted to confirm him (two years after his nomination) in 1997. Then again, Senate Majority Leader Mitch McConnell and Judiciary Committee Chairman Chuck Grassley opposed Garland 20 years ago.

Garland certainly isn’t as far left as Obama could have gone with his pick, but is he anything like the originalist Constitution-defender that Scalia was. (Too few are.) While he didn’t take part in the ruling that eventually brought us the Supreme Court’s Heller decision on guns, he did vote for a full-court rehearing of the case — implying he thought both the DC Circuit and the Supreme Court were wrong to acknowledge the Second Amendment’s individual right to keep and bear arms.

McConnell issued a statement holding his ground: “The next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country, so of course the American people should have a say in the court’s direction. The Senate will continue to observe the ‘Biden Rule’ so the American people have a voice in this momentous decision. The American people may well elect a president who decides to nominate Judge Garland for Senate consideration. The next president may also nominate somebody very different. Either way, our view is this: Give the people a voice in filling this vacancy.”

That brings us to an enormous political calculation for both sides, but primarily Senate Republicans. So far, they’ve rhetorically held the line, saying, “No Obama nominees will receive a hearing.” But that’s different from actually holding the line. And right now Republicans must be asking themselves this question: Do we take Obama’s bait — a.k.a. the “moderate” white guy nominee — while we control the Senate, or do we risk Hillary Clinton fast-tracking a leftist through a Democrat Senate if Donald Trump loses? In our estimation, they should hold the line, and then fight like hell to ensure the second scenario doesn’t happen. It’s about time the legislative branch stood up to executive overreach.

(Updated.)

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.