If there is a legal argument for why Trump and Senate Majority Leader Mitch McConnell of Kentucky should not fill the vacancy before Election Day, make that argument. If there is a moral argument, make that argument. But don’t fall back on hackneyed, manipulative appeals to emotion. In other words, don’t be like Democratic Rep. Alexandria Ocasio-Cortez of New York. Don’t be like independent Sen. Bernie Sanders of Vermont. Make your case without the “dying wish” tearjerker argle-bargle.
The inimitable AOC:
“The very last dying wish of RBG was that her vacancy not be filled until the new president takes office in January. That was her dying wish,” said Ocasio-Cortez.
The congresswoman added, “Mitch McConnell publicly, the night of her passing, he couldn’t wait 24 hours, issued a statement saying that he was going to give Trump a vote in violation of her dying wish. People can say, ‘How appalling,’ people could say, ‘This is horrible,’ et cetera, but we know who this man is. We know who this man is. This is a man who does not care about a dying woman’s final wish, clearly.”
“Unfortunately, Sen. McConnell has decided to go against Justice Ginsburg’s dying wishes and is cementing a shameful legacy of brazen hypocrisy,” said Sanders on Sept. 18. “The right thing to do here is clear, and Senate Republicans know it. We should let voters decide. Period.”
This is the familiar leftist dodge, acting as there wasn’t a vote so we need one right now. Ask the street mob to signal their approval. They never get that republic-not-a-democracy business. Government by referendum.
When it comes to the confirmation of Supreme Court justices, there is no “dying wish” clause in the Constitution. This is the highest court in the United States, after all. Not the Make-a-Wish Foundation.
Give that man a silver dollar.