by Lynn Woolley
President Trump wrote the “Art of the Deal.” He knows how to sit down with an opponent and negotiate. So why not negotiate with Senate Democrats – and actually let them have a Supreme Court justice they have clamored for?
Hear me out.
The Dems have been furious over the refusal of Republicans to grant a hearing to Obama’s lame-duck nominee Merrick Garland.
Also, we know that Trump’s nominee Neil Gorsuch will be approved either by a standard 60-vote majority or through the co-called Nuclear Option.
But what about the next high-court vacancy? It could be 83-year old left-wing Justice Ruth Bader Ginsburg. Trump could say to Senate Democratic Leader Chuck Schumer – get her to resign, and I’ll re-nominate Judge Garland. That puts a Democrat on the Court. In return, Dems allow his next nominees to sail through.
Trump could have as many as three nominations.
Besides Ginsburg, two other currently serving justices were born in the thirties. The swing vote, Anthony Kennedy is 80. Stephen Breyer, another left-wing justice is 78. As we saw with Justice Scalia, anything can happen. Even the younger justices could be in an accident or decide to retire.
The current Supreme Court wars were started by the late Sen. Edward Kennedy who famously destroyed the reputation of Reagan nominee Robert Bork – by all accounts, a brilliant scholar of the law and the Constitution. Since then, it’s been all-out war over all nominees to the High Court. It’s time for the war to end. Presidents should be able to get their nominees through except in the most extreme cases.
Video: Remembering Robert Bork & what Sen. Edward M. Kennedy did to him in in 1987, known as “Bork’s America”
Trump and Chuck Schumer could start righting the situation by making some commonsense agreements. Otherwise, the Republicans will use the Nuclear Option and the parties will keep on fighting.