OPINION: Fill that seat!

On September 18, America suffered the tragic loss of Supreme Court Justice Ruth Bader Ginsburg. Eighty-seven years young, she led a life of perseverance and determination. In her lifetime, she broke gender barriers and led the nation in ways that no one thought possible. She is a role model for women and a hero who fought for equality both at home and abroad. The impact that she has had on our country cannot be overstated. Regardless of political opinion, she was a giant of the court, and her passing is a great loss to us all.

The late Justice Ruth Bader Ginsburg

Her death, in the midst of a presidential election, one of the most divisive elections in modern history, is leading to a battle about whether the Senate should confirm her replacement before November 3, or wait until the new presidential term starts and a new senate reforms on January 5 of 2021. While I think we should take time to remember Justice Ginsburg and her life, filling the Supreme Court in the midst of this national crisis is too important to delay.

When Justice Antonin Scalia died in February of 2016, the Republican-controlled Senate decided to not take up the issue of approving a replacement until the newly elected president and Senate took control, letting the 2016 federal elections serve as a referendum on who should fill the Supreme Court. Senate Democrats protested this decision and demanded that then President Obama’s chosen replacement be brought before the chamber for approval.

Joe Biden, who would go on to be the 2020 Democratic nominee, said in 2016, “I would go forward with a confirmation process as chairman, even a few months before a presidential election, if the nominee were chosen with the advice, and not merely the consent, of the Senate, just as the Constitution.” The majority of Senate Democrats agreed with him at the time. Today, they have flipped.

Senate Majority Leader Mitch McConnell (R-KY) has been consistent on Supreme Court vacancies throughout his entire career. McConnell said in 2018, “The Senate is not broken. We didn’t attack [President Obama’s 2016 Supreme Court Nominee] Merrick Garland’s background and try to destroy him. We didn’t go on a search and destroy mission. We simply followed the tradition in America, which is if you have a… Senate of a different party than the president, you don’t fill a vacancy created in the presidential year. That went all the way back to 1888.… So what we did was follow tradition.” McConnell was completely right.

There have been 29 Supreme Court vacancies in an election year. Every single time, a president made a nomination. It would have been historically and logically unprecedented for President Trump to not name a nominee. 19 of those times, the party that controlled the Senate and presidency were the same. The Supreme Court nominee was confirmed 17 out of those 19 times. During the remaining ten election year Supreme Court vacancies, the Senate and presidency were controlled by different parties. Only twice was the president’s nominee confirmed. In other words, in an election year, when the Senate and president are of the same party, the Senate confirms the nominee before election day in the overwhelming majority of cases. History and precedence are on the side of the Senate Republicans.

Even if you dislike President Trump and hate his judicial nominees, he is fulfilling his constitutional duty. House Speaker Nancy Pelosi, the highest ranking Democrat in the country, has refused to rule out impeaching Attorney General Barr or President Trump once again to delay the Supreme Court nomination if Biden wins in November, and the nomination is still being processed in the Senate. This just confirms what we already know to be true: the Democrats have disregarded the Constitution and now are willing to routinely use impeachment as a political weapon.

After the Democrats slandered Brett Kavanaugh, they are owed no courtesy when it comes to filling vacancies. Now, the Democrats are threatening radical change if this seat is filled. They want to abolish the Senate filibuster, paving the way for packing the Courts: creating new Supreme Court seats to artificially make liberal activists justices a majority on the court. The Democrats no longer view the Supreme Court as a nonpartisan check on the executive and legislative branches, but as an obstacle to advancing a leftist agenda.

Once President Trump’s nominee is confirmed, and she will get confirmed, it is of the utmost importance that Trump remains in office, so that the Democrats are unable to supersede the American people and fill vacancies that do not currently exist. Our Second Amendment depends on it. Our religious liberties depend on it. The unborn depend on it. It is all one vote away from being lost. America, vote on November 3, and Senate Republicans, fill that seat in the meantime.