President Kennedy famously said of the Soviets:
We cannot negotiate with those who say “What’s mine is mine and what’s yours is negotiable.
New Mexico Senator Tom Udall channeled his inner Khrushchev Monday, proposing an odd scheme where President Trump would solicit a Supreme Court justice to resign, and then hold simultaneous confirmation votes for Neil Gorsuch for Scalia’s seat, and Merrick Garland for the additional open seat.
As a Coloradoan, every time I see the words “Senator Udall” I am joyfully reminded that I’m no longer represented by a Udall. The proposal from the “other Udall” is a pretty odd one.
First, can we agree that a sitting President soliciting a Supreme Court Justice to resign, even at the request of Democratic Senator, is a really bad idea? Imagine the uproar if Trump did something like that? Separation of Powers is kind of a big deal.
Second, if Senator Udall is making this suggestion based on some inside information, not just spit-balling craziness (I certainly wouldn’t rule out the latter), then its a pretty good indication that his caucus has zero chance of stopping Gorsuch’s confirmation. It also might indicate that the prospects of an additional SCOTUS vacancy this summer might be more than rumors. Why would Udall consider luring Kennedy or Ginsburg to step down during the first year of the Trump administration, if that weren’t already a likelihood?
As a father, I have participated in many races and baseball games with my son that only had two possible outcomes in his mind; he wins, or its a tie. My 7 year old now knows that sometimes, he can actually lose, but it seems Democrats don’t yet understand that. In their minds, President Obama, who had 2 liberal nominees confirmed without meaningful opposition, should still be granted his 3rd pick, Merrick Garland, despite the fact that he is no longer President.
Sorry, Senator, there are no participation trophies here.