6-3

What is so important about filling RGB’s seat is, pardon me, supremely important to both parties for the simple reason that Congress no longer legislates. Congress, that leg of the three equal parts of our government has not functioned for some time. Instead of legislation, Congress relies on the agencies to promulgate rules. Most of what is accomplished, if that is the word for it, is now done in three ways, through rules published in the federal register, executive proclamations, and legislation from the bench.

So that one seat on the Supreme Court is immensely valuable to the Dem’s to advance an activist agenda and equally valuable to the Rep’s to adhere to the Constitution.

In essence, given the current composition of the Court, one person will control the government. That’s what the upcoming bloody fight will be about.  Should Trump’s nominee be confirmed it will mean more 6-3 and 5-4 decisions to temper big government. 

The brazen hypocrisy on both sides is almost beyond parody. I will not go into all that. My singular point in this post is that the seat is consequential because Congress is dysfunctional.

If you care to read a well-reasoned discussion of this I suggest you read this post by a well known spanking blogger, Strict Julie Spanks.

The left’s use of the judiciary as a parallel legislature has rarely been put clearly before Americans, in large part because Democratic candidates won’t talk about it. Another conservative on the Court won’t “make” conservative policy. It likely will force policy-making back into legislatures, where it belongs.

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One good argument for a vote before Nov. 3 is having a full Court of nine Justices in the event of a contested election. The country would not be well served by 4-4 votes that allow disputes to be settled by a cacophony of lower courts. The Court itself will suffer if it looks dysfunctional on the crucial legal questions surrounding the legitimacy of an election. If Majority Leader Mitch McConnell has the votes to confirm, the case for doing so before Nov. 3 is compelling.

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I don’t read every case before the Court. But, I do read a summary of each case. Second amendment cases get media attention, but the subjects before the Court are varied. If you want to know what the Court does the opinions are published.