Sunday, September 20, 2020

SCOTUS and the Albright Rule

In a NSC discussion over whether and how to intervene in the Balkans during the Clinton administration Madeliene Albright said something like: "what are your great armed forces if you never use them"?  I'll transmute that into a rule, named after her:

"if you have the power, use it".

That rule may be applying in the case of the Supreme Court.  Leader McConnell had the power to freeze Obama's nomination of Judge Garland to the Court.  President Trump has the power to nominate a young conservative woman to the Court.  The Republicans may, or may not, have the power to confirm her.  

After the election the Democrats may or may not have the power to expand the Supreme Court to allow a President Biden to nominate a young liberal black woman and others to the Court and the Senate to confirm them.

It's a game of tit for tat (I initially spelled "tick for tack") with no logical ending except greater polarization.  

Personally I would oppose the steps, but I think analytically down the road some sort of new compromise would evolve.  It's the same sort of dynamic which has created a bipartisan caucus in the House of Representative pushing a compromise pandemic bill. They may fail; the caucus may split; but at some point the center will reassert itself.   

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