Xenophon wrote:I may very well be wrong on this but I'm just skeptical that it is a long term positive for the country if Democrats "get in the mud" here. We got Trump for a lot of different reasons than just these questionable tactics. Sure they played their part but you know as well as anyone that this could have broken differently over a thousand variables.
I get that my particular rules of engagement hamstring Democrats but it seems to me to be an ideal worth fighting over. I'm not even saying they have to ignore every new precedent Republicans have set, I'm all in favor of them feeding them their own medicine on a Supreme Court nomination late in Trump's term. All I'm trying to suggest is that if we have to get to the point where we are trying to restrict voting as well, I see that as a total failure.
Reading the last paragraph, I don't think we are all that far apart. My comments are coming from a strategic perspective. I think it might help to have specific examples of what we are talking about.
During the Obama admin, Republicans significantly escalated an already ongoing trend of gumming up the the confirmation process for judicial appointments when they were the minority party in the Senate. When they took the majority after the 2014 election, they effectively ground it to a halt all the way up to the Supreme Court. There are four possible government scenarios for the judicial appointment process:
Undivided Democratic Control.
Divided Democratic/Republican control with Republicans controlling the confirmation process.
Divided Democratic/Republican control with Democrats controlling the confirmation process.
Undivided Republican control.
Democrats can only get their nominees on the bench when they have undivided control based on Republican willingness to use parliamentary power to stop them otherwise. If Democrats do not return the favor, then Republicans can get nominees on the bench both when they have undivided control and when they have the presidency. The net effect of this would be an inexorable disproportionate number of Republican appointees making it to the bench. It's just math. Either Democrats roll over and concede a branch of government or they also engage in these tactics. Doing so is the only way they'll be able to force a compromise, possibly through Constitutional changes. This is the price of destroying norms.
Likewise, under the Trump admin, we've seen a significant increase in willingness to nominate people with either dubious qualifications and/or questionable temperament to the bench because those nominees have a good combination of young age for a lifetime appointment and likelihood of serving Republican/conservative partisan interests from the bench. Republican Senators have, with few exceptions, green-lighted this with parliamentary bloc voting. If Democrats don't also do this, then overtime you will see a gradual takeover of the courts by partisan hacks from one side. That's what happens when you appoint people who will serve longer and with more political fidelity than the other guys. Nobody wants less qualified partisan hacks coming from both sides, but what can you do when one party isn't willing to play ball the nice way?
Then take a plan like this that's been floated out there:
https://www.washingtonpost.com/opinions ... be396af4c3If Republicans were to do that, Democrats either concede a branch of government to what effectively is a hostile takeover or they fight back with the tools they have when they have them, which likely means courtpacking the second they get the votes to do it. In fact, it wouldn't be a bad idea for Democrats to try and pack the Supreme Court to make up for Gorsuch if they were fortunate enough to sweep power in 2020 on the backs of a recession.
You can take these issues of breaking norms one by one and I think you'll find this pattern emerges again and again. If Trump succeeds in purging career civil servants at the FBI in favor of those who would harass Democrats while protecting Republicans like he so clearly wants to, the only thing you can do to remedy that situation is counterpurge at the first available oppurtunity. Otherwise, you're guaranteeing Democrat control of any government body will be Benghazi'ed until it is no more. It's conceding power through inaction.