On Monday evening, President Trump nominated D.C.
Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice
Anthony Kennedy, leaving red state Democratic Senators with the dilemma
of a lifetime as they approach Kavanaugh’s confirmation hearing: betray
Chuck Schumer or betray the voters that put them there.
Any legal expert will tell you that Kavanaugh is
deserving of resounding confirmation. In fact, Liberal Yale Law
Professor Akhil Amar, who voted for Hillary Clinton in 2016,
called President Trump’s entire 25-person Supreme Court nominee list “distinguished” and “impressive.” Monday night,
in a piece entitled “A Liberal’s Case for Brett Kavanaugh,”
Amar wrote: “I strongly supported Hillary Clinton… [but] it is hard to
name anyone with judicial credential as strong as those of Judge
Kavanaugh.” thus giving red state Democrats no valid reason to oppose
him.
The Supreme Court has given its stamp of approval to
more than a dozen of Kavanaugh’s decisions, and more than 210 judges
nationwide have cited his most popular opinions. Perhaps most
qualifying of all, though, is this singular sentence written by
Kavanaugh: “[R]ead the words of the statute as written. Read the text
of the Constitution as written… Don’t make up new constitutional rights
that are not in the text of the Constitution.”
This incontrovertible statement is precisely the role
of a judge and precisely the reason not a single Democrat should oppose
the nomination of Judge Kavanaugh, a Constitution-abiding judge with a
proven track record.
As November approaches, it should come as no surprise
that these vulnerable red state Democrats are now engaging in some fancy
political footwork as they desperately try to convince their
constituents that they are Trump allies, despite their proven track
record of opposing him.
If not out of principle, red state Democrats ought to vote for Kavanaugh based on political fate.
Ten Democratic senators up for reelection this November
hail from states that President Trump won, and in many of them
commandingly so.
President Trump won Claire McCaskill’s state of Missouri
by 19 points; Joe Donnelly’s Indiana
by 19 points; Jon Tester’s Montana
by 21 points; Heidi Heitkamp’s North Dakota
by 36 points; and Joe Manchin’s West Virginia
by an eye-opening 42 points.
In each of these states, voters sent an unmistakable
message to their elected officials: We support President Trump and his
agenda. And yet, in each of these states, their senators talk like
Donald Trump – but vote like Chuck Schumer.
As November approaches, it should come as no surprise
that these vulnerable red state Democrats are now engaging in some fancy
political footwork as they desperately try to convince their
constituents that they are Trump allies, despite their proven track
record of opposing him.
With a vacancy on the Supreme Court and Majority Leader
Mitch McConnell planning a Senate confirmation vote this fall, these
faux Trump-supporting Democratic senators now have the opportunity to
put their money where their mouth is and vote for President Trump’s
highly qualified nominee, Brett Kavanaugh.
Opposing Kavanaugh is fraught with political risks.
Voting against Kavanaugh will undoubtedly open Democrats up to attacks
from Republican opponents – attacks like those we’ve already seen in
Missouri, where Republican opponent Josh Hawley calls out Democratic
Senator Claire McCaskill
in a new ad over the upcoming Supreme Court vote.
As a confirmation vote on Kavanaugh approaches, every
red state Democrat will be forced to answer the following question: are
you Trump allies in word or in action?
Senator Jon Tester recently
took out a full page ad
in 14 Montana newspapers thanking President Trump and touting “Jon’s 16
bills signed into law by President Trump” (this despite his vote
against tax cuts and against Supreme Court Justice Neil Gorsuch).
Will Jon Tester’s words be followed by action?
Senator Joe Manchin of West Virginia renounced his support for Hillary Clinton
and said he would be “open” to voting for Trump in 2020.
Will Joe Manchin’s words be followed by action?
Senator Joe Donnelly
brags that he voted with Trump
more than every other Democratic senator with just two exceptions (keep
in mind they all voted against tax cuts and permitted the government to
shut down).
Will Joe Donnelly’s words be followed by action?
Time will tell.
If these vulnerable Democrats do vote for Kavanaugh,
they are sure to provoke the ire of the Democratic leadership. Asked
about red state Democrats losing elections because of their votes
against the nominee,
Minority Whip Dick Durbin flatly stated: “They understand it’s an historic decision. It’s about more than the next election.”
In essence, Durbin is perversely suggesting that these
red state Democrats put party before people – the very people that made
them United States Senators.
Ten Senate Democrats – Claire McCaskill, Heidi
Heitkamp, Bill Nelson, Sherrod Brown, Bob Casey, Tammy Baldwin, Debbie
Stabenow, Jon Tester, Joe Manchin, and Joe Donnelly – will have to make
the choice to stand with Chuck Schumer or to stand with the people of
their great states.
People over party should be the easy answer.
Kayleigh McEnany is the National Spokesperson for the Republican
National Committee. She has a J.D. from Harvard Law School and BSFS from
Georgetown School of Foreign Service. She also studied at Oxford
University, St. Edmund Hall. Kayleigh is the author of the book "
The New American Revolution: The Making of a Populist Movement."