They’ve got nothing. Really, the Democrats have absolutely nothing with which to attack Amy Coney Barrett. For proof of that, take a look at this pathetic strategy they apparently intend to unleash during Barrett’s upcoming hearings in October.
NEW: Senate Democrats say they will press President Trump’s SCOTUS nominee to commit to recuse herself if the justices hear a case that could impact the outcome of the fall elections, @mkraju reports.
— Ana Cabrera (@AnaCabrera) September 25, 2020
Let me offer an answer for that: How about no?
Congrats to Barrett on her confirmation, because if this is the best the Democrats can come up with, she’s going to fly through the confirmation process with flying colors. She might even pick up a few Democrat votes (Joe Manchin perhaps) along the way.
This also happens to not be the way any of this works. Justices do not recuse themselves from cases just because political hacks want them to. If Barrett is confirmed as expected, she will be as legally bound to execute her duties as any of her other colleagues. That includes casting a vote on any cases relating to the election.
Of course, this has been a conspiracy theory pushed by the left since Justice Neil Gorsuch was confirmed to the court. The Democrats are convinced that anyone nominated by Donald Trump is really just a secret agent for him to exact his will on the election processes. I guess they think the conservative wing of the court can just say “Trump is president” and have it happen or something? In reality, any case that would come before them would be decided based on the applicable law because conservative Justices actually have integrity and don’t just take orders from the rabid corners of the left-wing.
Barrett’s nomination capstones Trump’s first term as an unquestionable success for the conservative movement. While there is still work to be done (Alito and Thomas are both in their 70s), the country should be relatively safe from liberal court activism for at least the next decade. That’s why the Democrats have become so animated in their disapproval. They understand how big this battle was and that they’ve lost it. I suspect they’ll get more desperate as the hearings begin and that they’ll have a few more cards up their sleeve. But for now, if all they’ve got is unsupported demands of recusal, then good luck with that.
(Please follow me on Twitter! @bonchieredstate)