This article contains commentary which reflects the author's opinion
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Overcoming Blockages to the Process
The Republicans are currently in control of the Senate. It remains to be seen for how much longer they will retain control. While the Democrats and the left apparently plan to win by hook or by crook in the upcoming 2020 elections, it is most urgent that steps are immediately taken to seat a Conservative on the Supreme Court to take the place of Ruth Bader Ginsburg. There remains a bitter taste from the corruption filled scandal caused by the Democrats when now Supreme Court Justice Brett Kavanaugh was confirmed, filling Justice Anthony Kennedy’s seat.
It may surprise everyone to know that the confirmation process need not be a long and arduous one. In 1941, during the Frankin Delano Roosevelt administration, the president nominated sitting Senator James F. Byrnes to the Supreme Court. The Senate was able to confirm Byrnes in just one day! How did this happen? The process of referring the appointment of the justice to the Senate Judiciary Committee was omitted because the nominee was himself a senator.
Exceptions to the Process
According to the Congressional Research Service, “An important exception to the practice of referring Supreme Court nominees to the Judiciary Committee, however, usually has been made for who, at the time of their nomination, were current or former Members of the US Senate”. Because Byrnes was a sitting Senate member, the process was accelerated and omitted the arduous selection process before the Senate Judiciary Committee.
However, Justice Byrnes did not remain seated on the bench for long. During the war, he left his appointment to serve as the head of the Office of Economic Stabilization and, shortly after, the Office of War Mobilization, although his departure from the Supreme Court was not mandatory. There are cases in which an appointee would be obligated to depart the court. Appointment to the Court by a president is permissible when the Senate is in recess. Following the recess, the appointee’s term would expire at the end of the following Senate session.
A Pre-Election Appointment
Certainly, President Trump would be within his rights to nominate an appointee to the Supreme Court from a list of eligible current and former senators, of whom there are qualified Conservative candidates. Unlike appointees nominated for the position during a Senate recess, the appointment of a current or former Senate member would be permanent. Taking into consideration the lengthy and excruciating false accusations that Justice Kavanaugh faced at the hands of the Democrats who were willing to go to any length to stop the appoint of a Conservative to the bench, an appointment by President Trump that would skip the Judiciary Committee review would ensure that a Conservative would be appointed to the Court, swinging it towards potential 5-4 or 6-3 decisions in favor of Conservative issues.
The Most Critical Election in US History
We may speak confidently when we say that the fast approaching 2020 Election may just be the most critical in US history. It likely is the election that will see a continuance of the American Consitutional Republic as we know it if President Trump wins re-election or a loss of the greatest bulwark of freedom in the world, should Democrats succeed in their attempt to overthrow the election by fraudulent means.
A likely resolution to a resulting dispute of election results could fall into the hands of the US Supreme Court. It was not too long ago, during the elections between George Bush and Al Gore in 2000, that the Supreme Court played a pivotal role. A just decision by the Court, not paid for by those such as George Soros who has spent millions to influence the Judicial Branch of government, would be needed to ensure the presidential nominee was fairly elected. The fate of the United States hangs on a thread. An appointment to the Court by the president of a sitting or former Conservative senator might just be the needed step to prevent an American disaster.