On the Supreme Court, Democrats finally get their just deserts 31 years later
Are you happy now, Teddy Kennedy? Are you happy, Joe Biden? Are you happy now, Harry Reid? It’s due to the things that you did and said that Donald J. Trump is now naming his second Supreme Court justice in under two years in office. It is your fault that the once courtly process of Supreme Court appointments turned into the blood-and-thunder-eye-gouging drama that we hate and we live through today.
It was 31 years ago, in 1987, that Edward M. Kennedy burst on the floor of the Senate to tell us all that with Robert Bork on the Supreme Court, “women would be forced Into back-alley abortions,” blacks would eat at segregated lunch counters, writers and artists could be censored at the whim of the government, and the freedom of millions would hang by a thread.
Before it was over, liberals would raise and spend over $10 million in negative ads (quite a sum at the time) and in lobbying efforts. They would threaten black witnesses with career-ending reprisals and seize and search records of video rentals for signs of blue movies that were never found.
As Steve Hayward says, “The demagogic nature of the public campaign against him made it a watershed moment in American politics, permanently deforming the nomination process as for the judiciary, with ideological battles now extending to the lower federal courts as well.” How true this was proven in 1991, when Kennedy’s office unleashed Anita Hill upon Clarence Thomas, though with less success.
And in 1992, Biden averred that if a vacancy occurred in the Supreme Court before the presidential election, the Democratic Senate should refuse to let Republican President George H.W. Bush fill it until the election was over, so that the new president (who would be Bill Clinton) could decide.
Twenty-four years later, in 2016, Supreme Court Justice Antonin Scalia died of a heart attack, and Majority Leader Mitch McConnell took this advice. He refused to allow a vote on a nominee picked by an exiting Democrat. Democrats fumed, but, as they expected a President Hillary Clinton, they bided their time.
Picture their rage when Trump was elected, bringing not only himself but a procession of judges whom a Republican Senate would rush to confirm. The first pick, Neil Gorsuch, did not change the court’s balance, and Democrats would have done better to put up a fight on the second one, which would. But their anger and shock knew no bounds.
On the Supreme Court, Democrats finally get their just deserts 31 years later