The Supreme Court Vacancy Is in the Hands of the House of Representatives

I know the common story is that the Supreme Court vacancy is a matter for the U.S. Senate. But if you read this recent memo on what the Democrats could do if they really wanted to prevent packing the Court with rightwingers, something may jump out at you: The House also has control over this matter.

Here’s why:

Donald Trump came into office openly violating both emoluments clauses, threatening to wage wars to steal oil and kill people’s families, promising to discriminate in immigration on the basis of religion, inciting violence at events, fighting vote counting in courts, and committed to politicizing prosecutions. Trump has publicly threatened nuclear war on two countries, waged and escalated numerous illegal wars, and dramatically increased the drone murder program. He’s abused the pardon power and the power to declare emergencies. He’s promoted racism and hatred. He’s separated children from their families. He’s illegally torn up treaties and proliferated weapons technology to brutal dictatorships. He’s intentionally exacerbated climate collapse. He’s taken deliberate acts to spread a deadly disease that has killed over 200,000 people just in the United States. He’s threatened a coup if he loses an election.

The U.S. House of Representatives could choose to pick up any of these impeachable offenses tomorrow morning and impeach Trump for it. I’d recommend a top-ten list. I’d also recommend leaving fictional tales about Russia out of it, but the impact as regards the Supreme Court would be the same either way.

That impact is this:

When the House impeaches, the Senate has to stop everything else and put the impeached person on trial. That means, no Supreme Court justice confirmation, no more coronavirus money for weapons dealers, no more of the general death and destruction dealt out by the Senate every hour it’s open for business. Halting Senate activities is almost always good for the world, but now in particular.

The fact that the House sent unproven theories about Ukraine and Russia to the Senate a relatively short time back is not the public’s fault. The availability of a long list of stronger charges should be taken as a fortunate opportunity now.

The excuse that even on an indisputable charge Trump might still not be convicted by the Senate misses the point now more than ever. The point is this:

If you’re going to tell me that I should stick a clothespin on my nose and try to convince innocent people to vote for Joe Biden because . . . wait for it . . . THE SUPREME COURT IS AT STAKE, then why in the hell can’t some members of Congress speak and write a few words with “Impeachment” at the top when THE SUPREME COURT IS AT STAKE?

Impeaching Trump can be done. It already has been. Impeaching him on serious charges can be done, since impeaching him on unproven partisan warmongering charges already has been. And if you impeach Trump, the Senate has to cease and desist its evil activities.

Or you could do the other things in that memo linked above, like make long speeches and motions to delay, and look like people who don’t really stand for anything but want to finally pay the Republicans back for once for their cheating and scheming — something fewer people than you imagine give a damn about.



15 thoughts on “The Supreme Court Vacancy Is in the Hands of the House of Representatives”

  1. That is why I have argued that the best scenario is a Trump win (legitimately) and a House and Senate controlled by the Democrats. Stalemate. Both Biden and Trump are horrible and either of them having dominant control is unacceptable.

    1. Agreed, and well said, either candidate will not live up to anyones expectations failing our people once again. When will we learn? Unfortunately most likely it will be to late by then.

  2. If the Republicans have changed the rules about the nomination in an election year, then the nomination of Judge Garland is now valid again and must be brought up for a vote before moving on to anyone else!

  3. David?!?! unproven theories? come on man do your reading! you are so prolific and I honor that but there is a forest and there are trees. i can blast this out but for that.. buying into Barr narrative? Iran contra ring any bells? He’s done it before. You been had.

    1. Are you even aware of posting this on a website with a huge number of identical comments, not a single one of which has ever included any evidence of anything?

  4. *** I find most of the specious reasoning by young left wing bloggers against the investigation to be quite lacking in details at every turn. why would anyone want to support the Barr narrative?

  5. Read the law. It does indeed say that the Senate must drop everything and focus on the impeachment articles. HOWEVER, there is a parenthetical clause that allows a vote on delaying the task. A mere majority is needed to do this. So they can delay impeachment hearings until after the election.
    NOW, that may not be such a bad thing, so they could focus on impeachment between the election and the swearing in on Jan 20th. Get out ahead of it, so to speak.

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