We are all in shock and mourning. Reporting on anything feels wrong and cheap. But, given McConnell’s pronouncement last night, we cannot take a minute to reflect because as expected, McConnell didn’t take a minute to reflect. Nor did McConnell find himself susceptible to a sliver of shame.

In 2016, McConnell said that in the final year, the American people should pick the president who picks the justice. In 2020 McConnell said something about Democratic presidents versus Republican Senates versus all GOP. The American people didn’t factor in. In other words, all that matters is what McConnell wants.

Now we have forty-five days until the election and McConnell will go forward because of course he will. They are not even trying to really justify it. But we best look at some difficulties that might derail Mitch’s attempt.

First and foremost: Mitch McConnell might lose his job even pushing this hard. The nation is awash in COVID and expects some kind of relief package. If McConnell wants to get this nominee through, there will be precious time to do little else. The rage that might build about the GOP generally will seal him into being a “minority leader” next term regardless. But the rage focused at McConnell might lead him to lose his Kentucky seat.

Second, it allows the Democrats to simply promise McConnell that if he does this and succeeds before the new president is sworn-in, the Democrats guarantee that we’ll have a new SCOTUS with 11-13 justices under president Biden. If McConnell succeeds with such a naked power grab, the Democrats would be within their every right to add two new justices at a minimum. There is nothing in the constitution establishing nine justices, nor law. It allows Schumer, Coons, Klobuchar, Feinstein, all the major Democratic names, to tell McConnell under no uncertain terms that the SCOTUS will expand to 11 or 13 in the next term.

Third, and we hate to even list this because it is always foolish to consider Republicans doing the right thing. But there are Republican senators that might decide this is just too much hypocrisy to swallow. Lisa Murkowski has come out already to say that she won’t vote for a justice prior to the election. Lindsey Graham is tied in his South Carolina race and is one record in 2016 saying it would be wrong to do this in 2020. Gardner, Collins, Romney, McSally, perhaps some we’ve never heard of won’t be able to swallow the hypocrisy.

Fourth, public outcry over the brazen hypocrisy may just send some terror throughout the GOP. It may sink Trump for good. It may sink the GOP senate majority for good. And perhaps it might give them pause. Again, if the hypocrisy does do the GOP in, the Democrats would have every right and will simply go forward with packing the court.

Only the GOP.

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Peace, y’all
Jason
[email protected] and on Twitter @MiciakZoom