Opinion

Holder As a Supreme Court Justice? It Is Scary and It Is Plausible

With the resignation of Attorney General Eric Holder, unquestionably the most activist – and most divisive – attorney general in the history of the country, everyone seems fixated on who will replace him, and rightly so. The position of nation’s “top cop” is one of extreme importance. As was witnessed with Mr. Holder’s tenure, a biased, activist and agenda-driven attorney general can tear at the fabric of our society. But while everyone seems pre-occupied with who his successor will be, the possibilities of Mr. Holder’s future is what has some forward-thinking people concerned.

If Pres. Obama is swift of feet – and with Valerie Jarrett as his task-master it is hard to believe that he won’t be, he will see his next nominee for US Attorney General fly through the Senate confirmation process. This will happen courtesy of Senate Majority Leader Harry Reid’s manipulation of the confirmation vote process. Susan Ferrechio writes in The Washington Examiner:

“Democrat changes to the filibuster last year should give President Obama’s attorney general pick a gliding path through the Senate in the lame-duck session.

“Last November, Democrat Majority Leader Harry Reid changed Senate rules so that nominations for Cabinet positions and most judicial posts needed only 51 votes, instead of the 60 that had been required. That means the person President Obama nominates to succeed Attorney General Eric Holder will not face a potential Republican filibuster.

“Lawmakers plan to return Nov. 12, and no matter who prevails in the Nov. 4 elections, Democrats will remain in the Senate majority until the end of the year. Democrats control 55 votes, while Republicans make up 45 of the chamber’s lawmakers.”

No doubt, We the People will have to suffer through two more years of an activist Department of Justice, one too pre-occupied with “social justice” to give a second thought to “justice for all” or “blind justice.” Of course, it is hard to imagine a more divisive social justice activist than Eric Holder. Nevertheless, I am sure the man – or woman – who takes the helm at the DoJ will provide adequate protection for the Obama Administration, just as Mr. Holder did.

The question now is this. What is Eric Holder going to do? Mr. Holder, as it the case with the total of the Obama Administration sans Joe Biden, is a young man in political terms. His has a long and influential future ahead of him as the first Black activist US Attorney General. My fear is that Mr. Obama may want to reward his political “bag man” with a nomination to the US Supreme Court. And while it is not a sure thing, it is a possibility.

New York Magazine’s Jonathan Chait reports that while Progressives wish to see Supreme Court Justice Ruth Bader Ginsburg retire so that President Obama might seat another Progressive activist on the US Supreme Court, Justice Ginsburg is none too fast to agree:

“If I resign any time this year, he could not successfully appoint anyone I would like to see in the court. [The Senate Republicans] took off the filibuster for lower federal court appointments, but it remains for this court. So anybody who thinks that if I step down, Obama could appoint someone like me, they’re misguided.”

Mr. Chait continues:

“The facts Ginsburg describes are true, but the conclusion she takes away from them is almost certainly wrong…

“It is true that Republicans retain the right to filibuster a Supreme Court nominee. They may use this power to restrain the president from nominating a particularly objectionable figure, as both parties have done in the past. But if they use it as a generalized blockade, stopping Obama from nominating any mainstream Democratic figure, then Senate Democrats would almost surely enact another rule change. If Senate Democrats won’t sit still for Republicans using the filibuster to take away Obama’s right to appoint a federal judge, they surely wouldn’t sit still as Republicans prevent Obama from filling a Supreme Court seat…”

To wit, it is not only possible, but plausible that Mr. Obama, at the insistence of Valerie Jarrett and the Chicago Progressive machine, could nominate his trusted social justice foot soldier – before the new Congress is convened – to his just reward as a candidate for the position of United States Supreme Court Justice. All they need to do is to move the arguably less radical Ruth Bader Ginsburg out of the way to usher in Eric Holder, who would unquestionably serve as the most radically ideological justice ever to serve on the court.

So, the ultimate question for those who honor the Constitution is this. What is to be done to defend against this scenario becoming a reality?

One avenue to travel is to execute an all-out assault on every incumbent Senate Democrat running for re-election; an assault that would send the message that should they agree to confirm Mr. Holder as a Supreme Court Justice, extremely well-funded recall campaigns will be launched in the most vicious of manners against each and every one of them.

Another avenue that could be traveled is to take a page out of the Texas Legislature’s Democrat handbook. Senate Minority Leader Mitch McConnell could instruct the total of the Senate Republicans to refuse to return to Washington, DC, after the 2014 Midterm Election in an effort to refuse Mr. Reid a quorum call. Of course, Mr. Reid being the slippery politician that he is might find a way around that.

But one solid avenue would be for Republicans to thoroughly examine the constitutionality of the idea of the impeachment of a United States Supreme Court Justice. Fortunately, there is a wee bit of latitude in the US Constitution for this measure.

Article III, Section 1 of the US Constitution states clearly:

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.” (Emphasis mine)

That Mr. Holder was found to be in Contempt of Congress during his tenure as the attorney general, it is fair to say that he exhibited “bad behavior” during that time. In accepting a nomination to the US Supreme Court – and assuming the Reid-led Senate would confirm him, he would be taking the Oath of Office as a US Supreme Court Justice under false pretenses, as his past performance proved beyond doubt that he repeatedly violated the US Constitution by ignoring equal justice under the law for all Americans.

None of these choices are optimal but each presents a possible solution. And each should be considered seriously. An Eric Holder nomination to the US Supreme Court would be a direct threat to the United States Constitution, and one we can ill-afford.

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Frank Salvato

You can read all of Mr. Salvato's news analysis at UndergroundUSA.com Frank Salvato is the executive partner at The CompassPoint Group, LLC. He is the host of The Underground and RightMinded podcasts as heard on iHeart Radio, Pandora, Spotify, Amazon Podcasts, and anywhere podcasts are heard. He is a national political writer for National File. His writing has been recognized by the US House International Relations Committee and the Japan Center for Conflict Prevention. His analysis has been published by The American Enterprise Institute, The Washington Times, and Accuracy in Media, and is nationally syndicated. Mr. Salvato appeared on The O'Reilly Factor on FOX News Channel and is the author of six books examining internal and external threats facing our country. He can be heard twice weekly on “The Captain’s America: Third Watch” radio program syndicated nationally on the Salem Broadcasting Network and Genesis Communications affiliate stations.

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