Yay for Justice Barrett’s Confirmation! But It Exposed a Major Senate “Fail.”

 

Conservatives like me, and most notably conservative women and working moms everywhere, have every reason to cheer Judge – now Justice – Amy Coney Barrett’s confirmation to the US Supreme Court. Those of us who adhere to the traditional role of our judicial system under our brilliant Constitution cheer loudest.

But for me, as a former Senate official who loves and reveres Senate tradition, this is bittersweet.

Take a look at this photo. What do you see, or more accurately, not see?

You do not see any Democratic Senators in their seats for a Supreme Court confirmation vote. Every previous Supreme Court confirmation vote I’ve attended or watched, going back to Robert Bork’s defeat, featured every Senator attending the vote in person and voting from their seat, standing when called to cast an “aye” or “nay” vote. It is a great Senate tradition, showing great respect for the gravity of their vote.

I was watching C-SPAN, which doesn’t scan the entire floor very often, but it appeared that every Republican followed tradition and voted from their desks.

It has happened every time, including the two most recent confirmations of Neil Gorsuch and Brett Kavanaugh. For the first time in recent history, Senate Democrats dissed and disrespected not just this great tradition, but Amy Coney Barrett, working mom and legal scholar.

This is a sad and notable moment in Senate history. Senate Democrats treated this just like any other vote. This may be one of the worst breakdowns with Senate protocol and tradition since Harry Reid eliminated the filibuster for executive and most judicial nominations. It was Democrats, not Republicans, who made this a sadly partisan exercise. And we are all less for it.

Sure, they were unhappy with the process. They wanted the vote to wait until Joe Biden was elected along with a Senate Democratic Majority (to be determined by you, the voters) so they could decide. It was always about the power, not the precedent or the rules, which were clearly, and always, in support of the current Senate Republican majority. That’s politics, and they are the rules. The current Congress doesn’t expire until the first Tuesday after the first Monday in January, after the November 3rd election.

But one of the great virtues of the Senate has been its respect and adherence to tradition. Thanks to recalcitrant and petulant Senate Democrats, all of them, the Senate has further descended into the dark abyss of rank partisanship. It deeply saddens me.

Oh, sure, smarmy Democratic leader Chuck Schumer blames Republicans for all this. We also know precisely what he would have done if the shoes were on the other foot, he was Majority Leader (shudder) working with a President Hillary Clinton (severe shudder) facing a challenging reelection campaign while filling a vacancy left by, just saying, the departure of Clarence Thomas.

Would Republicans have behaved like Democrats and failed to show respect for tradition and the nominee? We’ll never know. But I suspect they would have shown up. They always have. In fact, most Senate Republicans voted for the confirmations for every current sitting Justice nominated by a Democratic President. And Ruth Bader Ginsberg. You can look it up. That is clearly not true for Senate Democrats, going back to Justice Clarence Thomas’s nomination. Only the late Justice Antonin Scalia and retired Justice Sandra Day O’Connor, over the past 40 years, have enjoyed broadly bipartisan votes from a nomination made by a Republican. You can look that up, too.

You know exactly what he and Senate Democrats would have done. Admit it. As Darth Vader once said, “search your feelings. You know it to be true.”

I hope the Senate finds its way back to sanity. It may be awhile. If ever.

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  1. RushBabe49 Thatcher
    RushBabe49
    @RushBabe49

    Senate DemocRats were acting like big babies having a temper tantrum.  They are fools.

    • #1
  2. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    Sort-of on topic, sort of off..

    The problem with our government is not the President (whatever his manifest faults may be).

    The problem is we have a Legislative branch that reuses to legislate.

    When’s the last time the Congress passed a real budget?  During the W. Bush Administration?  Or do we have to go back to Clinton?

    • #2
  3. EJHill Podcaster
    EJHill
    @EJHill

    I fear that this is the beginning of the end. The great American traditions have been blown to hell, and not by Trump.

    There is no longer a “loyal opposition,” it is “the resistance.” Guess what? If there is a Biden presidency and a Democratic Congress there will not be a loyal opposition either, there will be a “new“ resistance. And if the Democrats escalate their plans to dismantle “Trumpism“ through packing the court and adding states then that “resistance” may ratchet up. And  quite frankly that’s the recipe for a shooting war. I hope they think long and hard about this.

    • #3
  4. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    Hell, a lot of the Democratic Senators just walked in and gave a “thumbs-down.” (I blame the late, unlamented John McCain for this.) They didn’t have the decency to say “Nay.”

    • #4
  5. Randy Weivoda Moderator
    Randy Weivoda
    @RandyWeivoda

    Miffed White Male (View Comment):

    Sort-of on topic, sort of off..

    The problem with our government is not the President (whatever his manifest faults may be).

    The problem is we have a Legislative branch that reuses to legislate.

    When’s the last time the Congress passed a real budget? During the W. Bush Administration? Or do we have to go back to Clinton?

    Going by memory, I think it was in the 1990’s.  Perhaps in the Paul Ryan speakership years the House passed budgets, but not the Senate.

    • #5
  6. Flicker Coolidge
    Flicker
    @Flicker

    They could have come in white.  No, they did that.  They could have come in black, but that’s anti-fa.  The could have at least come in Handmaid’s Tale costumes.  I wonder what they’re saving that for?

    • #6
  7. The Reticulator Member
    The Reticulator
    @TheReticulator

    MWD B612 "Dawg" (View Comment):

    Hell, a lot of the Democratic Senators just walked in and gave a “thumbs-down.” (I blame the late, unlamented John McCain for this.) They didn’t have the decency to say “Nay.”

    I posted this on Twitter today:

    • #7
  8. Eustace C. Scrubb Member
    Eustace C. Scrubb
    @EustaceCScrubb

    MWD B612 "Dawg" (View Comment):

    Hell, a lot of the Democratic Senators just walked in and gave a “thumbs-down.” (I blame the late, unlamented John McCain for this.) They didn’t have the decency to say “Nay.”

    The thumbs down may have been a tad more respectful than Sen. Hirono’s “Hell No”.

     

    • #8
  9. Hoyacon Member
    Hoyacon
    @Hoyacon

    Dems are used to “winning” and regard it as an affront when they do not.  The correct analogy is “spoiled brats.”  

    They lost this one and did so in complete compliance with the rules of the Senate.  So not showing up is their version of stomping their feet and whining because they didn’t “get their way.”  Arrested development.

    • #9
  10. kedavis Coolidge
    kedavis
    @kedavis

    Bucknelldad: But I suspect they would.

    I think you meant “would not.”  And the following sentences would need to be change, as well.

    • #10
  11. Kozak Member
    Kozak
    @Kozak

    Flicker (View Comment):

    They could have come in white. No, they did that. They could have come in black, but that’s anti-fa. The could have at least come in Handmaid’s Tale costumes. I wonder what they’re saving that for?

    Halloween.

     

    • #11
  12. Ekosj Member
    Ekosj
    @Ekosj

    EJHill (View Comment):

    I fear that this is the beginning of the end. The great American traditions have been blown to hell, and not by Trump.

    There is no longer a “loyal opposition,” it is “the resistance.” Guess what? If there is a Biden presidency and a Democratic Congress there will not be a loyal opposition either, there will be a “new“ resistance. And if the Democrats escalate their plans to dismantle “Trumpism“ through packing the court and adding states then that “resistance” may ratchet up. And quite frankly that’s the recipe for a shooting war. I hope they think long and hard about this.

    This been escalating since the ‘hanging chad’ election of 2000.   That’s the first time I heard “not my President” and talk of an “illegitimate” election.    9/11 tamped it down for a time, but as soon as the Iraq war started it was back with a vengeance.    As the Democrat party has moved relentlessly leftward, the animus has only accelerated.    Obama managed to add charges of racism to the hexenkessel.    The ‘Mass incarceration’ mantra has made distrust of the police and the justice system a mainstream Democrat position.   Heretofore, Democrats held the Federal courts, especially the Supreme Court, in high regard because they reliably sided with Democrats.  This new argument that the court system itself is Illegitimate is a dangerous upping of the ante.   What they are telling their supporters is that the system doesn’t work.     If Trump wins the election, the message will be clear.    They’ll argue they can’t win at the ballot box – that there was voter suppression etc.   They’ve been honing that argument for years.    And now if the courts are stacked against them that leaves no vehicle for working for change through the system.    They’ll have painted themselves into a corner where “Burn It Down“ is the only alternative.    

    • #12
  13. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    Ekosj (View Comment):
    They’ll argue they can’t win at the ballot box – that there was voter suppression etc.

    They’ve upped it this year. The argument is that long lines at the polls are “voter suppression.” The stupid, it burns!

    • #13
  14. Stad Coolidge
    Stad
    @Stad

    Eustace C. Scrubb (View Comment):

    MWD B612 "Dawg" (View Comment):

    Hell, a lot of the Democratic Senators just walked in and gave a “thumbs-down.” (I blame the late, unlamented John McCain for this.) They didn’t have the decency to say “Nay.”

    The thumbs down may have been a tad more respectful than Sen. Hirono’s “Hell No”.

     

    You mean Senator “Morono” . . .

    • #14
  15. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Stad (View Comment):

    Eustace C. Scrubb (View Comment):

    MWD B612 "Dawg" (View Comment):

    Hell, a lot of the Democratic Senators just walked in and gave a “thumbs-down.” (I blame the late, unlamented John McCain for this.) They didn’t have the decency to say “Nay.”

    The thumbs down may have been a tad more respectful than Sen. Hirono’s “Hell No”.

     

    You mean Senator “Morono” . . .

    She is the dumbest Senator.

    • #15
  16. Ontheleftcoast Inactive
    Ontheleftcoast
    @Ontheleftcoast

    Gary Robbins (View Comment):

    Stad (View Comment):

    Eustace C. Scrubb (View Comment):

    MWD B612 "Dawg" (View Comment):

    Hell, a lot of the Democratic Senators just walked in and gave a “thumbs-down.” (I blame the late, unlamented John McCain for this.) They didn’t have the decency to say “Nay.”

    The thumbs down may have been a tad more respectful than Sen. Hirono’s “Hell No”.

     

    You mean Senator “Morono” . . .

    She is the dumbest Senator.

    That’s a highly competitive position.

    • #16
  17. I Walton Member
    I Walton
    @IWalton

    That’s where they are and, if they win, we haven’t seen anything yet.  Of course it’s not possible to know what will happen should they win.  It will take months to sort out who runs the party, let alone what they’re going to do.   The safest thing is to go with Trump, hope the Democrats come to their senses and hope that Trump transforms our schools so there is some hope to have a future.  Of course, we’re likely to suffer a collapsing currency unless Trump sees it and engages in radical change, otherwise  we’ve already lost.   At least Democrats can blame Nixon, so maybe there’s a way to rebuild a center after the likely chaos.

    • #17
  18. Vance Richards Inactive
    Vance Richards
    @VanceRichards

    Every Democrat Senator . . .

    • #18
  19. The Reticulator Member
    The Reticulator
    @TheReticulator

    Vance Richards (View Comment):

    Every Democrat Senator . . .

     A meme update is needed: “Fine. I’ll just take your ball and go home.” 

    • #19
  20. Taras Coolidge
    Taras
    @Taras

    Two factors:

    How much the Democratic Senators fear the Left.

    How well they understand that the liberal media will spin this, with the “unprecedented” empty chairs underlining the “illegitimacy” of the Barrett confirmation.

    • #20
  21. EddyEricsson Inactive
    EddyEricsson
    @EddyEricsson

    A number just walked in and gave a thumbs down to the clerks. Is that normal for regular votes?

    • #21
  22. Chris Hutchinson Coolidge
    Chris Hutchinson
    @chrishutch13

    EJHill (View Comment):

    I fear that this is the beginning of the end. The great American traditions have been blown to hell, and not by Trump.

    There is no longer a “loyal opposition,” it is “the resistance.” Guess what? If there is a Biden presidency and a Democratic Congress there will not be a loyal opposition either, there will be a “new“ resistance. And if the Democrats escalate their plans to dismantle “Trumpism“ through packing the court and adding states then that “resistance” may ratchet up. And quite frankly that’s the recipe for a shooting war. I hope they think long and hard about this.

    I fear you’re right. I’m glad as glad can be with the confirmation. She’s who I wanted even when Kavanaugh was nominated (in hindsight it probably was much better this way) and I don’t think this one event is what pushed us over the edge so I’ll take every bit of advantage we can get. However, I am sad to say I don’t really see how we come back from the fact that for the first time we didn’t give a president the peaceful transfer of power every other president has gotten or the legitimacy he deserved. I’m just not sure what it’ll take to heal us. 

    • #22
  23. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    EddyEricsson (View Comment):

    A number just walked in and gave a thumbs down to the clerks. Is that normal for regular votes?

    That’s not normal for anything.

    • #23
  24. Chris Hutchinson Coolidge
    Chris Hutchinson
    @chrishutch13

    Ekosj (View Comment):

    EJHill (View Comment):

    I fear that this is the beginning of the end. The great American traditions have been blown to hell, and not by Trump.

    There is no longer a “loyal opposition,” it is “the resistance.” Guess what? If there is a Biden presidency and a Democratic Congress there will not be a loyal opposition either, there will be a “new“ resistance. And if the Democrats escalate their plans to dismantle “Trumpism“ through packing the court and adding states then that “resistance” may ratchet up. And quite frankly that’s the recipe for a shooting war. I hope they think long and hard about this.

    This been escalating since the ‘hanging chad’ election of 2000. That’s the first time I heard “not my President” and talk of an “illegitimate” election. 9/11 tamped it down for a time, but as soon as the Iraq war started it was back with a vengeance. As the Democrat party has moved relentlessly leftward, the animus has only accelerated. Obama managed to add charges of racism to the hexenkessel. The ‘Mass incarceration’ mantra has made distrust of the police and the justice system a mainstream Democrat position. Heretofore, Democrats held the Federal courts, especially the Supreme Court, in high regard because they reliably sided with Democrats. This new argument that the court system itself is Illegitimate is a dangerous upping of the ante. What they are telling their supporters is that the system doesn’t work. If Trump wins the election, the message will be clear. They’ll argue they can’t win at the ballot box – that there was voter suppression etc. They’ve been honing that argument for years. And now if the courts are stacked against them that leaves no vehicle for working for change through the system. They’ll have painted themselves into a corner where “Burn It Down“ is the only alternative.

    I just commented about thinking President Trump was the first to experience illegitimacy. You’re right, it was with President Bush I remember really hearing “not my President” and “illegitimate” election. I suppose I didn’t count it as the first time because he had such a solid mandate in 2004 and maybe social media, while present, still wasn’t exactly what it is today.

    • #24
  25. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    Chris Hutchinson (View Comment):

    Ekosj (View Comment):

    EJHill (View Comment):

    I fear that this is the beginning of the end. The great American traditions have been blown to hell, and not by Trump.

    There is no longer a “loyal opposition,” it is “the resistance.” Guess what? If there is a Biden presidency and a Democratic Congress there will not be a loyal opposition either, there will be a “new“ resistance. And if the Democrats escalate their plans to dismantle “Trumpism“ through packing the court and adding states then that “resistance” may ratchet up. And quite frankly that’s the recipe for a shooting war. I hope they think long and hard about this.

    This been escalating since the ‘hanging chad’ election of 2000. That’s the first time I heard “not my President” and talk of an “illegitimate” election. 9/11 tamped it down for a time, but as soon as the Iraq war started it was back with a vengeance. As the Democrat party has moved relentlessly leftward, the animus has only accelerated. Obama managed to add charges of racism to the hexenkessel. The ‘Mass incarceration’ mantra has made distrust of the police and the justice system a mainstream Democrat position. Heretofore, Democrats held the Federal courts, especially the Supreme Court, in high regard because they reliably sided with Democrats. This new argument that the court system itself is Illegitimate is a dangerous upping of the ante. What they are telling their supporters is that the system doesn’t work. If Trump wins the election, the message will be clear. They’ll argue they can’t win at the ballot box – that there was voter suppression etc. They’ve been honing that argument for years. And now if the courts are stacked against them that leaves no vehicle for working for change through the system. They’ll have painted themselves into a corner where “Burn It Down“ is the only alternative.

    I just commented about thinking President Trump was the first to experience illegitimacy. You’re right, it was with President Bush I remember really hearing “not my President” and “illegitimate” election. I suppose I didn’t count it as the first time because he had such a solid mandate in 2004 and maybe social media, while present, still wasn’t exactly what it is today.

    There was a little bit of it with Clinton in 1992 with this 43% share of the popular vote.  But we didn’t have the internet and social media to amplify it.

     

    • #25
  26. kedavis Coolidge
    kedavis
    @kedavis

    Miffed White Male (View Comment):

    EddyEricsson (View Comment):

    A number just walked in and gave a thumbs down to the clerks. Is that normal for regular votes?

    That’s not normal for anything.

    The official vote probably should have been something like 52 – 0.

    • #26
  27. Stad Coolidge
    Stad
    @Stad

    Gary Robbins (View Comment):

    Stad (View Comment):

    Eustace C. Scrubb (View Comment):

    MWD B612 "Dawg" (View Comment):

    Hell, a lot of the Democratic Senators just walked in and gave a “thumbs-down.” (I blame the late, unlamented John McCain for this.) They didn’t have the decency to say “Nay.”

    The thumbs down may have been a tad more respectful than Sen. Hirono’s “Hell No”.

     

    You mean Senator “Morono” . . .

    She is the dumbest Senator.

    There are times I think she and Patty Murray are both fighting for the title . . .

    • #27
  28. Randy Weivoda Moderator
    Randy Weivoda
    @RandyWeivoda

    Chris Hutchinson (View Comment):
    However, I am sad to say I don’t really see how we come back from the fact that for the first time we didn’t give a president the peaceful transfer of power every other president has gotten or the legitimacy he deserved.

    Well, there was kind of an episode with Democrats reacting badly to the election of Abraham Lincoln.

    • #28
  29. kedavis Coolidge
    kedavis
    @kedavis

    If Biden supposedly “wins” on Nov 3 – or in the week or so after, however long the Dems keep finding ballots – then that allows until Jan 20 to weed out ballots from dead people etc, to find the actual result.

    • #29
  30. TBA Coolidge
    TBA
    @RobtGilsdorf

    MWD B612 "Dawg" (View Comment):

    Hell, a lot of the Democratic Senators just walked in and gave a “thumbs-down.” (I blame the late, unlamented John McCain for this.) They didn’t have the decency to say “Nay.”

    How very Imperial of them. 

    • #30
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