Commentary: ACB is a Superb Nominee. This Process is Fully Legitimate. Confirm Her.

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Posted: Oct 22, 2020 1:05 PM
Commentary: ACB is a Superb Nominee. This Process is Fully Legitimate. Confirm Her.

The Senate Judiciary Committee has voted 12-0 to advance the Supreme Court nomination of Judge Amy Coney Barrett to the full floor for a Monday vote.  Today's tally was unanimous because Democrats boycotted the proceeding, leaving portraits of Americans covered by the 'Affordable' Care Act in their stead (the likelihood of the Court voting to strike down the ACA in an upcoming case is extremely low, but fear-mongering about that outcome has been the Democrats' preferred posture throughout this battle).  In case you missed it, here is the denouement this morning's events:


Schumer claimed that Democrats refused to participate in 'the hearing,' but that's inaccurate.  They all participated in the hearing.  They got their screen time.  They skipped the vote because they knew they were doomed to lose -- and did so even after multiple Democrats on the panel had praised either Judge Barrett or the fairness and professionalism of Chairman Graham.  This was a tantrum for show, nothing more.  One talking point that zoomed around lefty social media was that the Republicans "broke the rules" to complete this vote, feeding into the dangerous and inaccurate "illegitimate" narrative they've been trying to foster.  The reality:


In summary:


Confirm her.  On Monday, they will.  The only real remaining drama is whether Barrett will receive 51, 52, or maybe 53 votes.  It's over.  The opposition's arguments have all fizzled, and the public has rejected them.  Speaking of fizzling, here's Joe Biden's new court-packing 'stance:'


A classic DC, do-nothing maneuver.  I tend to agree with Noah Rothman that this is Biden's method of killing an idea by "studying the issue."  For what it's worth,  I've heard that in addition to being unpopular nationally, it's polling very poorly for battleground Democrats.  Then again, I put nothing past that party on this front, and opponents of court-packing must remain vigilant at every turn, even if the would-be commission turns out to be a meaningless show process.  Also, nothing is "getting out of whack," except from a sore loser perspective.  Republicans' aggressive filling of vacancies over the last four years has been achieved through focused determination and leveraging a previous unprecedented Democratic power grab, which, in turn, was executed to punish Republicans for taking advantage of the unprecedented Democratic power grab before that.  Here's my piece reviewing and chronicling the relevant history.  I'll leave you with Sen. Mike Lee calling it out during today's session.  Too bad the Democrats weren't sitting there to hear it:


His full remarks -- HERE -- are absolutely invaluable and worth your time, especially (2:05 through 13:20).


UPDATE - I debated these issues, somewhat pointedly, on Fox earlier: