One must feel a certain amount of sympathy for the Democrats who have been put in the unenviable position of having to invent some reason to oppose the confirmation of a universally respected, admired, well qualified, female Supreme Court Justice. Presumably they already skimmed through her high school year book and found no ammunition there. And they probably decided it would be too difficult to make outlandish sexual assault allegations stick to a woman, especially when they didn’t even stick to Brett Kavanaugh. Their options are limited.
As the Senate confirmation hearings unfold this week, Democrats and their allies in the media have tried a number of different tacks. Having realized that their “Ginsburg’s dying wish” gambit also wasn’t landing (there is no Dying Wish clause in the Constitution, as it turns out), they have rallied around the almost-as-absurd notion that Republicans would be guilty of “court packing” should they exercise their constitutional power to confirm a Supreme Court nominee. Senator Dick Durbin lamented that the Republicans have “taken every vacancy and filled it,” pretending not to know that court packing is not when vacancies are filled but when they are created by adding seats. What else are Republicans supposed to do with a vacancy but fill it? Saving a few for the Democrats might be good sportsmanship but that hardly qualifies as a Constitutional obligation, nor a persuasive argument.
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