How the Supreme Court’s Stance on Abortion Is Already Being F*cked With

Having a Trump presidency is scary, having a Trump presidency with a Republican majority in the House and Senate is even scarier. But the real kicker is having a Trump presidency when there is a seat open on the supreme court, especially when the repeal of Roe v. Wade is already on the table.

But the thing is, the open seat on the supreme court, vacated by conservative Justice Scalia after he died this year, was supposed to be appointed by Obama, who previously replaced two other judges during his presidency (David Souter with Sonia Sotomayor, and John Paul Stevens with Elena Kagan). So why hasn’t he placed a new judge on the court to replace Scalia?

Well, he tried, but the Republicans said “fuck that,” and decided to make their own rules.

You see, the Republicans “decided” that a president shouldn’t be able to appoint a judge during the election year, even though multiple other presidents have done just that with no issues, according to Rolling Stone.

This didn’t surprise Obama, which is why he decided to play nice and choose an old, white man who is very moderate and has been praised by both parties for his work as a judge, a man by the name of Merrick Garland.

But the Republicans DGAF who Obama appoints, they want a Republican president (a.k.a Trump) to appoint the next judge, so they’re refusing to hold a hearing for Garland, barring him from taking the seat on the court.

Is it immature? Obviously, they sound like a bunch of whining babies. But it honestly just reminds us that politicians, whether liberal or conservative, are stubborn af.

Republicans finally are seeing a potential for some serious conservative laws (hint: repealing Roe v. Wade) to be passed under Trump, and they don’t want a moderate Supreme Court judge getting in the way of that. Obama’s previous appointments didn’t change the court, as his two new nominations replaced liberal judges, but this one could change the court’s rulings for the indefinite future.

In fact, Utah Senator Orrin Hatch even published an op-ed in Time entitled “Democrats Are SCOTUS Hypocrites,” dedicated to speaking about how liberals have delayed Supreme Court nominations themselves. Even everybody’s favorite meme, Joe Biden, is guilty.

But is the answer really to continue to skirt the rules and play games so that your party can “win?” Because it seems that the more crazy politics get, the more that the American people have to lose. After all, one of the biggest excuses people gave for voting Trump is that “he’s an outsider, not a corrupt politician like Hillary.”

Unlike politicians, Merrick Garland has been chill and mature about the whole thing, which is why you may have not even heard about the controversy until now. After all, a quiet and polite old white dude isn’t headline-worthy, but “emails” are, right?

While both parties have made some missteps, Garland is a liberal but still moderate choice, while a more conservative judge could further threaten the women, LGBT people, and POC that are already feeling unsafe.

Rolling Stone highlighted quotes from many Republican politicians praising Garland throughout the years, although they are now adamantly against him. This simply solidifies the fact that Republicans have put it in their minds that they want Trump to nominate the next judge, and there’s nothing that will change their minds.

So what can we do in the meantime? Unfortunately, not much, besides hope that the remaining liberal judges on the court — Justices Ginsburg, Kennedy, Breyer, Kagan, and Sotomayor — stay healthy.

You could also hope the Republicans decide to play fair, but considering how things have been going, you shouldn’t hold your breath. Instead, call your senator. It doesn’t matter if they’re Republican or if you live in a red state, your senator is supposed to represent all of the people, including you. Find those digits here and give them a call – or send them a letter. Don’t email them, because you know what happens when you get an email you don’t want to respond to: it festers in your inbox forever.

Gregory L. Diskant, senior partner at the law firm of Patterson Belknap Webb & Tyler, makes a valid case for The Washington Post explaining why he believes Obama can still appoint Garland without the Senate’s approval. And we agree. Obama should YOLO it up. I mean, if you’re going down, might as well go down swinging.

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