Republicans should know about politicizing the Supreme Court they did it – The Hill
With Ketanji Brown Jackson, the most experienced Supreme Court nominee in decades, about to be confirmed on a largely party line vote, Republicans are blaming Democrats for politicizing the High Court. They need to look in the mirror.
Despite the protests of a number of justices, liberals as well as conservatives, many Americans believe the Supreme Court is increasingly political.
While both sides have contributed to this sentiment, the burden of blame over the past two decades rests with Republicans.
The latest example is Justice Clarence Thomas wife Ginnis private text messages to President Trumps chief of staff after the 2020 election, spinning the loony conspiracy theory that the election was stolen. Calling it the greatest heist in our history, Ginni Thomas told Mark Meadows it was time to release the Kraken.
An unhinged spouse of a Supreme Court Justice isnt a public matter, except that she referred in the texts to her best friend, a term the Thomases apparently use to describe their relationship. Justice Thomas was the sole vote on the Court siding with Trump in his attempt to keep his records on efforts to overturn the election from the congressional committee investigating the Jan. 6 mob assault on the Capitol.
With the lack of Supreme Court ethics or legal rules for its members, Thomas wont be forced to recuse himself from these political matters, much less be forced to resign.
This only reinforces the politicization of the Court.
Senate Republican leader Mitch McConnell (R-Ky.) rationalized his predictable vote against Judge Jackson because she refused to take a position on changing the size of the Court, or packing it, as McConnell says.
The prospect of court packing is bogus. President Biden, merely for show, tapped a bipartisan study commission chaired by his campaign lawyer. It did not call for expanding the court.
It actually was McConnell who changed the size of the Court for almost a year from nine to eight when, as then majority leader, he refused to even allow a vote on President Obamas nominee, Merrick Garland, to fill a vacancy. Republicans insisted it was protocol not to approve a Supreme Court nominee in a presidential election year. In 1988 a Democratic-controlled Senate approved a Republican nominee, Anthony Kennedy, for the High Court.
Then, in 2020 McConnell rushed through Donald Trumps nomination of Amy Comey Barrett, approved on a partisan vote eight days before the presidential election.
The following year, showing her appreciation, Justice Barrett went to a McConnell event to insist justices arent partisan hacks.
This distinctly different treatment of nominees based on party doesnt pass any non-political smell test.
Sen. Lindsey Graham (R-S.C.) blamed the poisonous environment on the Democrats treatment of Trumps nominee Brett Kavanaugh in 2018 and promised there would be no personal attacks on Brown Jackson then he asked about Jacksons faith, and with other GOP Judiciary Committee members, proceeded to depict this moderately liberal and respected jurist as a criminal-coddling, pedophile-pampering, racial radical. She even was asked to define whats a woman.
On a higher note, Sen. Ben Sasse (R-Neb.) said the politicization of the Court all began in 1987 when Democrats attacked Republican nominee Robert Bork.
Hes off on his history.
In 1970 Republican congressmen, led by then Rep. Gerald Ford, sought to impeach Supreme Court Justice William O. Douglas. At the same time Democrats rejected a Richard Nixon nominee, Clement Haynsworth, and the president then tapped an abominable choice, J. Harrold Carswell. He too was rejected.
Moreover Bork, highly intelligent and highly right-wing, was defeated decisively with opposition from southern conservative Democrats like Alabamas Howell Heflin and Louisianas John Breaux, who worried the nominees racial views threatened to rekindle old wounds. Borks nomination also was opposed by a half dozen Republicans, including Virginias John Warner, one of the most respected and nonpartisan members in the Senate.
More than Bork or any other episode the politicization of the Court flows to 2000 when the Republican justices stopped a recount of Floridas vote in the presidential election, handing the presidency to George W. Bush, who had lost the popular vote. Later one of the five-member majority, Justice Sandra Day OConnor, expressed regret over that political decision.
The Bush v. Gore outcome paved the way for two more 5-to-4 partisan decisions with political ramifications: the 2010 Citizens United case, which opened the special interest money spigots in federal campaigns, and three years later, the Shelby County decision, which facilitated some Southern states enacting voting restrictions, especially aimed at minorities, with little federal oversight.
McConnell, Graham and company are right: the Supreme Court has become a political football and they have been among the leading quarterbacks.
Al Hunt is the former executive editor of Bloomberg News. He previously served as reporter, bureau chief and Washington editor for The Wall Street Journal. For almost a quarter century he wrote a column on politics for The Wall Street Journal, then The International New York Times and Bloomberg View. He hostsPolitics War Roomwith James Carville. Follow him on Twitter@AlHuntDC.
The Hill has removed its comment section, as there are many other forums for readers to participate in the conversation. We invite you to join the discussion on Facebook and Twitter.
View original post here:
Republicans should know about politicizing the Supreme Court they did it - The Hill
- Its a race for NJ governor, but Republicans want to focus on immigration - POLITICO - February 9th, 2025 [February 9th, 2025]
- Live updates: Musk calls for judge impeachment; Republicans aim to hammer out Trump's budget bill - The Hill - February 9th, 2025 [February 9th, 2025]
- Republicans race to release plans to advance Trump policy agenda in Congress - NPR - February 9th, 2025 [February 9th, 2025]
- Americans, including Republicans, now fear higher inflation this year - CNN - February 9th, 2025 [February 9th, 2025]
- How Republicans won on DEI and wrestled the topic from Democrats - The Independent - February 9th, 2025 [February 9th, 2025]
- Senate Republicans advance bill to ban use of student IDs when voting - WFYI - February 9th, 2025 [February 9th, 2025]
- Republicans in Congress mostly shrug as Musk and DOGE set sights on spending - NPR - February 9th, 2025 [February 9th, 2025]
- Republicans say they are nearing deal on Trump's tax cuts, divided on cost - Reuters - February 9th, 2025 [February 9th, 2025]
- Senate Republicans release budget blueprint ahead of Wednesday markup - POLITICO - February 9th, 2025 [February 9th, 2025]
- Oregon Republicans respond to Trump order on trans athletes by touting state legislation - Oregon Public Broadcasting - February 9th, 2025 [February 9th, 2025]
- With US House stymied, Senate Republicans prepare to move on Trump agenda - Reuters - February 9th, 2025 [February 9th, 2025]
- Georgia Republicans advance bill to make Atlanta let the Fulton County sheriff use its jail - The Associated Press - February 9th, 2025 [February 9th, 2025]
- With House Republicans stuck, Senate pushes ahead with its plan to fund Trump's agenda - ABC News - February 9th, 2025 [February 9th, 2025]
- Republicans insist they could eventually restrain Trump and Musk - Semafor - February 9th, 2025 [February 9th, 2025]
- Andy Ogles and Mike Lee, congressional Republicans, introduce bill to repeal D.C.'s home rule - Washington Times - February 9th, 2025 [February 9th, 2025]
- Trump details his tax agenda in meeting of House Republicans - POLITICO - February 9th, 2025 [February 9th, 2025]
- How the White House convinced skeptical Republicans to back RFK Jr., Gabbard and Hegseth - CNN - February 9th, 2025 [February 9th, 2025]
- LEADER JEFFRIES: HOUSE REPUBLICANS ARE DOING THE BIDDING OF AN UNELECTED, OUT-OF-CONTROL BILLIONAIRE PUPPET MASTER Congressman Hakeem Jeffries -... - February 9th, 2025 [February 9th, 2025]
- OUR VIEW: Find your courage, Republicans. Trump is president, not the 'Wizard of Oz' - Madison.com - February 9th, 2025 [February 9th, 2025]
- Republicans Break With Trump On Proposed Gaza TakeoverHeres What To Know - Forbes - February 9th, 2025 [February 9th, 2025]
- Republicans conflicted on Trumps pitch to own Gaza: I thought we voted for America First - The Guardian US - February 9th, 2025 [February 9th, 2025]
- House Republicans to work through weekend on budget package - Roll Call - February 9th, 2025 [February 9th, 2025]
- Senate Republicans insist Elon Musk isn't in charge after whirlwind actions - ABC News - February 9th, 2025 [February 9th, 2025]
- DeSantis goes to battle with Florida Republicans in trying to get closer to Trump - The Associated Press - February 9th, 2025 [February 9th, 2025]
- Registered Republicans lead Democrats in Nevada for the first time in 20 years - The Associated Press - February 9th, 2025 [February 9th, 2025]
- US House Republicans divided over how to pay for Trump's tax cuts - Reuters - January 26th, 2025 [January 26th, 2025]
- Ramaswamys expected run for Ohio governor would test experienced Republicans and tradition - WTOP - January 26th, 2025 [January 26th, 2025]
- Column | Republicans try to look forward, but Trump forces them back to Jan. 6 - The Washington Post - January 26th, 2025 [January 26th, 2025]
- Ramaswamy's expected run for Ohio governor would test experienced Republicans and tradition - Beaumont Enterprise - January 26th, 2025 [January 26th, 2025]
- Republicans plan slew of reconciliation meetings at their Florida retreat - POLITICO - January 26th, 2025 [January 26th, 2025]
- $124 Billion in Federal Benefits on House Republicans Chopping Block - AFGE - January 26th, 2025 [January 26th, 2025]
- Ballots from Helene-damaged areas are among the 65,000 that Republicans want to throw out in North Carolina - CNN - January 26th, 2025 [January 26th, 2025]
- Article | More Republicans back IRA tax credits in reconciliation fight - POLITICO Pro - January 26th, 2025 [January 26th, 2025]
- Republicans reportedly ready to cut Medicaid funding to pay for Trump plans - The Guardian US - January 26th, 2025 [January 26th, 2025]
- House Republicans Create New Jan. 6 Inquiry to Recast the Assault - The New York Times - January 26th, 2025 [January 26th, 2025]
- Utah Republicans take aim at teachers unions amid political clash over education - The Associated Press - January 26th, 2025 [January 26th, 2025]
- Leading Republicans wrongfooted by Trumps sweeping January 6 pardons - The Guardian US - January 26th, 2025 [January 26th, 2025]
- Opinion | What It Means That Republicans Arent Acting on the Pete Hegseth Allegations - The New York Times - January 26th, 2025 [January 26th, 2025]
- How Republicans Will Try to Pay for Trumps Agenda, and a New A.D.H.D. Study - The New York Times - January 26th, 2025 [January 26th, 2025]
- Ramaswamy's expected run for Ohio governor would test experienced Republicans and tradition - WV News - January 26th, 2025 [January 26th, 2025]
- On pardons and January 6, Republicans torn between moving forward and looking back - CNN - January 26th, 2025 [January 26th, 2025]
- Missouri Republicans are trying to overturn Kansas Citys ban on housing discrimination - KCUR - January 26th, 2025 [January 26th, 2025]
- Ramaswamy's expected run for Ohio governor would test experienced Republicans and tradition - Yahoo News Canada - January 26th, 2025 [January 26th, 2025]
- Trump to meet with Republicans key to tax negotiations and other GOP priorities - POLITICO - January 26th, 2025 [January 26th, 2025]
- Republicans Say This Anti-Immigrant Bill Will Protect Victims of Abuse. It Will Do the Opposite. - The Intercept - January 26th, 2025 [January 26th, 2025]
- At Trumps second inaugural, a changed Washington and a full embrace from Republicans - The Associated Press - January 26th, 2025 [January 26th, 2025]
- To gain a court seat, Republicans seek to throw out thousands of votes - The Washington Post - January 26th, 2025 [January 26th, 2025]
- Another Round of Redistricting in Ohio Could Help House Republicans - The Cook Political Report - January 26th, 2025 [January 26th, 2025]
- Republicans Press To Change TRUST Act To Align With Trumps Agenda - CT News Junkie - January 26th, 2025 [January 26th, 2025]
- Whats the Secret to Trumps Success? Its the Republicans, Stupid. - WhoWhatWhy - January 26th, 2025 [January 26th, 2025]
- Chip Roy leads House Republicans in effort to repeal law used by Biden administration to prosecute pro-lifers - Fox News - January 22nd, 2025 [January 22nd, 2025]
- With the full embrace of Republicans, Trump returns to a changed Washington - PBS NewsHour - January 22nd, 2025 [January 22nd, 2025]
- Pa. row officers are sworn in and all 3 are Republicans - timesobserver.com - January 22nd, 2025 [January 22nd, 2025]
- Full List of Republicans Breaking With Trump on January 6 Pardons - Newsweek - January 22nd, 2025 [January 22nd, 2025]
- Pennsylvania row officers to be sworn in, marking first time Republicans hold all three offices - Pittsburgh Post-Gazette - January 22nd, 2025 [January 22nd, 2025]
- Not All Republicans Are Happy With Donald Trump's Executive Orders - Newsweek - January 22nd, 2025 [January 22nd, 2025]
- Pardoned Biden Family Members Were Targets of Republicans - The New York Times - January 22nd, 2025 [January 22nd, 2025]
- Targeting Vulnerable Republicans, Campaign Demands 'Hands Off Medicaid' in Spending Cut Talks - Common Dreams - January 22nd, 2025 [January 22nd, 2025]
- I covered Rep. Turner for years. Here's why fellow Republicans booted him. | Opinion - The Columbus Dispatch - January 22nd, 2025 [January 22nd, 2025]
- Republicans in Congress warn rising US bond yields could hit Trump's tax cut plans - Reuters - January 22nd, 2025 [January 22nd, 2025]
- House Oversight Republicans open Congress with rants against telework, unions - Government Executive - January 22nd, 2025 [January 22nd, 2025]
- For Republicans interested in universal EFAs, budget and governor may be obstacle - New Hampshire Bulletin - January 22nd, 2025 [January 22nd, 2025]
- Vivek Ramaswamy's interest in running for Ohio governor isn't scaring away other Republicans - NBC News - January 22nd, 2025 [January 22nd, 2025]
- Chip Roy leads House Republicans in effort to repeal law used by Biden administration to prosecute pro-lifers - Yahoo! Voices - January 22nd, 2025 [January 22nd, 2025]
- Opinion | Republicans insist that Trump is hugely popular. His approval ratings say otherwise. - Yahoo! Voices - January 22nd, 2025 [January 22nd, 2025]
- The Super Bowl of politics: Suburban Republicans in Washington for Trumps inauguration - Daily Herald - January 22nd, 2025 [January 22nd, 2025]
- Republicans Take Control of Congress and Harris Certifies Her Own Loss - The New York Times - January 7th, 2025 [January 7th, 2025]
- Immigration bill first up for House Republicans - POLITICO - January 7th, 2025 [January 7th, 2025]
- Topper Leads House Republicans in Taking the Oath of Office - Pennsylvania House Republican Caucus - January 7th, 2025 [January 7th, 2025]
- House Republicans plan to act as majority, DFL threatens Opening Day absence in power sharing tug-of-war - Minnesota House of Representatives - January 7th, 2025 [January 7th, 2025]
- Republicans divided over agenda as Trump calls for action - Reuters - January 7th, 2025 [January 7th, 2025]
- Trump Calls SALT-Focused Republicans to Florida Before Tax Fight - Bloomberg - January 7th, 2025 [January 7th, 2025]
- Republicans take over Washington amid a worldwide anti-incumbent wave: From the Politics Desk - NBC News - January 7th, 2025 [January 7th, 2025]
- Republicans trust in accuracy of US elections jumps after Trumps win, AP-NORC poll finds - The Associated Press - January 7th, 2025 [January 7th, 2025]
- House Republicans Pledge Drilling and Make It Easier to Shed Federal Land - The New York Times - January 7th, 2025 [January 7th, 2025]
- Republicans grapple with Trumps position on package for tax cuts and spending - Washington Times - January 7th, 2025 [January 7th, 2025]
- Senate Republicans Move to get Voter ID to Wisconsin Voters in April - MacIverInstitute - January 7th, 2025 [January 7th, 2025]
- Republicans loved crypto before Trump jumped on the bandwagon. Here's why. - USA TODAY - January 7th, 2025 [January 7th, 2025]
- Republicans begin rolling out public safety and immigration bills ahead of session - Daily Herald - January 7th, 2025 [January 7th, 2025]
- Republicans are working to get the country 'back on track,' says Rep. Byron Donalds - Fox Business - January 7th, 2025 [January 7th, 2025]