Read this post from Josh Marshall. Josh’s correspondent is right: There is a danger that the next Supreme Court nominee could legalize Trump’s crimes and he’s also right
that the Democrats have, at least up to now, beaten the wrong drum about this Supreme Court nomination, citing the McConnell rule as justification for holding up the nominee. I’m all for tit for tat if we had the power to enforce it, but we
don’t. It gets you nowhere to demand that a hypocrite be consistent in his hypocrisy. Of course McConnell will now rush the thing through, and he’ll be not the slightest bit uncomfortable about his hypocrisy. In fact, he’ll likely accuse the Democrats
of being the hypocrites.
Better, as Josh’s correspondent suggests, demand it be held up until the investigation into Trump’s criminality is concluded, and during hearings, demand answers from the nominee about where he or she stands on issues like whether a president can pardon
himself or his co-conspirators. The Democrats still won’t be successful in preventing the confirmation of yet another fascist to the court, but at least they would have injected some issues into the public discourse. The McConnell Rule argument
gets them nowhere, because the press has long since accepted that Republicans don’t do consistency. It’s so widely acknowledged, and they’re so used to it that they don’t feel it’s worth noting.
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