https://www.motherjones.com/politics/2020/09/ruth-bader-ginsburg-death-democrats-whats-next-mcconnell-trump/
It’s a popular sentiment on the left: Don’t mourn, organize. But with the death of Supreme Court Justice Ruth Bader Ginsburg, that won’t be enough. Ginsburg, a hero of female empowerment and of the Supreme Court, deserves much mourning. But Democrats and progressives can waste no time prepping for the battle royal that lies ahead. After all, it took Senate Majority Leader Mitch McConnell mere minutes after the news of RBG’s passing to declare that the GOP-controlled Senate will vote on whoever Donald Trump sends its way to fill the Supreme Court vacancy—a direct eff-you to the Democrats after McConnell in 2016 refused to consider President Barack Obama’s SCOTUS nominee Merrick Garland with the phony-baloney argument that the Senate should not consider new justices during an election year. So yes, Dems will have to organize, but they must do more: They have to get ready to rumble.
What is coming, at least as the Republicans see it, is a grand political clash. They have been hellbent on reshaping the entire federal judiciary and especially drool over the prospect of locking the highest court into a right-wing course that will last decades and counter demographic trends that favor Democrats. This is their Holy Grail. After all, nothing galvanizes conservative evangelical voters more than the courts. For political consultants, it has long been conventional wisdom that right-wingers obsess over the composition of the courts and the Supreme Court far more than progressives. So Ginsburg’s departure is a gift for Trump. If there has been any erosion occurring on the edges of his conservative and evangelical base, his effort to shove another anti-choice, pro-corporate conservative on to the highest court could certainly shore up that ground for him. Here’s something Trump can campaign on for the next six and a half weeks, without breaking a sweat or fielding a tough question. It’s his lifeline. A cure for his coronavirus problem.
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The win-over-reasonable-Republicans-with-reason strategy is weak sauce. That leaves the Democrats with one other choice: total political warfare. The Senate’s Democratic leader, Chuck Schumer—with the backing of Joe Biden and Nancy Pelosi—needs to threaten massive retaliation. Should McConnell try to ram a Trump nominee through, Schumer ought to vow that the Democrats, if they win back the Senate and Biden is elected president, will demolish the filibuster, which will allow the Senate to proceed to make Washington, DC, a state (two more senators, who are likely to be Democrats!) and that they will move to add two or four more seats to the Supreme Court. (There is nothing in the Constitution that limits the court’s size to the current nine justices.) In other words: They will implement a Republican nightmare (which, as it happens, can be justified on arguments of equity and fairness).
Schumer should utter this declaration publicly to lock the Democrats in. Of course, this could further propel Republicans to the polls. But it might do the same with Democrats. (The stakes in this election are now higher than they already were.) Crucially, there would need to be buy-in from Biden. The veteran Washington player will have to put aside his somewhat admirable (if misguided) desire to return to the older and more genteel means of legislating and compromising in the nation’s capital. But with conservative voters fired up by the dream of replacing Ginsburg with a thirtysomething right-wing firebrand, the Dems will have to counter with more than a this-isn’t-fair argument. Bring a gun to a knife fight? They will need a bazooka. Sorry if that sounds violent. But, as one sage person likes to say, we are in a fight for the nation’s soul. And sometimes you don’t get to choose the weapons or levels of intensity.