Thursday, February 2, 2017

Jason's view on Trump's Supreme Court Pick

Since I know you all are totally wondering!

Ok...first of all, how do I feel about the nomination of Neil Gorsuch to the Supreme Court?

As a nomination, I don't have any problem with it.  I am a Constitutionalist in that I don't believe in the "living, breathing document" point of view that many liberals hold.  I maintain that the Constitution was drafted in a way that makes it changeable.  Therefore, if you don't like something, change it.  The amendment process isn't easy.  Nor should it be.  But it is possible and it has been done when circumstances warrant.  With the limited info that I have read on this guy, so far...it seems like he's someone I can get behind.

Hobby Lobby is a significant case in his portfolio.  I support his decision.  I don't think there is a fundamental right to birth control.  I don't oppose birth control.  I don't agree with the Catholic Church's position on it. If you want to use it, use it.  I have.  But, I don't support mandating that someone pay for you to purchase something that they fundamentally disagree with.  If you are that unhappy that you can't get birth control, go work at Michael's.  There is nothing in the Constitution that says your employer MUST provide your birth control.  If you want this to be required, amend the Constitution

Anyway...with all that said, let's discuss the actual issue being talked about now regarding Neil Gorsuch.  Should the Democrats filibuster because the Republicans blocked President Obama's nominee.

No.

But, wait, Jason...the Republicans were obstructionists.  They were the Party of No.

I agree.  Republicans have been stupid for a while.  The epitome of which is the election of Donald Trump.

But, here's the thing.  They played politics.  And I promise you that if the party roles were reversed (Lame duck president of the party not in the majority) the Democrats would have done the same thing.  Do I agree with their decision?  Not necessarily.  But, when I really think about it, my reason for that is that Merrick Garland was a moderate.  If he were in the vane of Ruth Bader Ginsburg or Steven Breyer, I probably would have sided with Mitch McConnel, if I am being honest.

But, Jason...Neil Gorsuch is super conservative!

Is he?  Maybe he is.  I don't know yet.  People say he's a lot like Scalia.  I, personally, think that's a good thing.

Here's a great article about "Originalism."  The view that the Constitution should be interpreted as written.  I share this view, as I mentioned above.  If you don't like what the Constitution says, change it.  Don't create a bunch of grey areas.  Originalism doesn't necessarily equal super conservative.  When justices go outside of this Originalism idea (saying that gay marriage is illegal, for example, when the constitution doesn't talk about this at all), it's hypocrisy.  Not Originalism.

My point doesn't have to do with how conservative he is, however.  It has to do with the Democrats being stupid.

"If Republicans jumped off a bridge, would you jump, too?"  That's what I want to say to Patty Murray and the other Dems who want to block this because the Republicans blocked Garland.

There will be many times much more important than this one when blocking may legitimately be needed.  A Muslim registry, anyone???  This is small potatoes.  I don't care how conservative you think this guy is.  Trump has 4 years.  Is the plan to block every nominee for 4 years?  That's a lot of blocking.  And, as bad as the Republicans looked, it will make the Democrats look worse.  Because, this can be one of those "coming together" moments.  Doesn't seem like this guy has much to complain about.  The Supreme Court was a major issue for people and a significant part of why Trump won.  He could have nominated someone much much worse.

Trump won.  To think he wouldn't nominate someone "conservative" is foolish.  And, it's probably time to admit that the overall country likes a conservative leaning court.  Rowe vs Wade isn't going anywhere.  So, stop with the fear mongering.

Now...it's still early.  Maybe the confirmation hearings will happen and something will come out that makes this guy look horrible.  (They're already trying to say he founded a Fascist org in High School due to a tongue-in-cheek comment he made in the yearbook).  I'm not saying you must support him under all circumstances.  But, this early talk of filibustering is frustrating.  You're not going to help us come together.  In fact, you will only further mobilize the right.

My bottom line point...this isn't worth it.  Be the bigger party here, Democrats.  You have a great opportunity here.  This is a prime chance to show all those centrists you lost that that you're actually listening.

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I can't NOT chime in on this Supreme Court thing

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