September 19, 2020

"Democrats and Joe Biden have made clear they intend to challenge this election. They intend to fight the legitimacy of the election."

"As you you know Hillary Clinton has told Joe Biden 'under no circumstances should you concede, you should challenge this election.' and we cannot have election day come and go with a 4-4 court. A 4-4 court that is equally divided cannot decide anything. And I think we risk a constitutional crisis if we do not have a 9-justice Supreme Court, particularly when there is such a risk of... a contested election.... I think we have a responsibility — a responsibility to do our job. The president should nominate a principled constitutionalist with a proven record and the Senate — it's going to take a lot of work to get it done before Election Day — but I think we should do our job and protect the country from the constitutional crisis that could result otherwise."

Said Ted Cruz, appearing on Sean Hannity's show last night:

Also in that video: Trump's reaction to hearing that RBG had died (discussed in this earlier post).

43 comments:

Bay Area Guy said...

Cruz for the win. To the Democrat Party (particularly Nancy Pelosi), who engineered a bogus election year impeachment of the prez, I say please shut up.

rcocean said...

Yah, Ted Cruz! He gets it. Cruz is EXACTLY correct. We need a 9 justice SCOTUS to deal with all the challenges made by Biden over the election results. Biden and the MSM have made it clear they're going to make Gore's behavior in 2000 seem Statesman like. Every thing will be challenged in court and already is. Already the D's have gotten courts to allow mail-ins up to election day AND the use of drop-boxes. Bring on the voter fraud and car trunks full of "mystery ballots".

Sebastian said...

"They intend to fight the legitimacy of the election."

Well, only if they lose.

Dems stick to principle: whatever serves their power lust goes. As in 2016: one month Trump was evil for supposedly not committing to acceptance of election results, the next Dems unleashed a continuing campaign to deny his legitimacy.

Roughcoat said...

Democrats is [sic] asshole.

Roughcoat said...

The Democrats have declared war on the Constitutional order. All those who support that order should respond in kind.

Daddy Binx said...

USA: "2020 can't get any weirder."

RGB: Hold my beer...

mccullough said...

Let’s get Trump’s nominee and who Biden would nominate.

Can Of Cheese for Hunter said...

Ted Cruz for President.

Love this man.

Original Mike said...

HEH. Petard, you know, the thing.

tim maguire said...

It’s probably the best argument the Reps have, but the court isn’t split 4-4, it’s split 5-3 and, assuming the Democrats bring the challenge, the Reps win all ties.

Drago said...

Ted Cruz, much to his credit, has gotten well past the events of 2016 and figured out what the NeverTrump FakeCon's are all about and is now a much Trumpier and more effective fighter.

Cruz fully recognizes that time is always of the essence and that every single thing the democraticals and LLR-lefty marxists say is a lie and only intended to advance the marxist agenda.

JAORE said...

Compare and contrast how the left treats the death of a conservative,say Scalia, to the right. Compare and contrast the political reaction.

Hatred. Soulless. Unthinking. Brutal.

Shane said...

The "Tiny Dancer" back drop makes it surreal.

Kate said...

The Left, again, has overplayed their hand. After Trump's election, if they'd been good losers, he would've worked with them much more than the Right would've liked. But they burned it all to the ground. Now, they're threatening riots and acting completely irrational. If they'd be calm and trust in the process, they could probably convince Murky, Graham, Collins to postpone. Too late. Everyone's back is up and it's war.

William said...

Realpolitiks: The goal is not seating a new Supreme Court Justice but re-electing President Trump. The Democrats and their allies in the media will undoubtedly characterize the efforts to appoint a new Justice as done in unseemly haste and that the whole pressure hose process is a violation of the spirit of the Constitution and a rape of the holy memory our Blessed Lady of the Judiciary.....They might be successful in these efforts. It's something to consider. Trump should name who he'll appoint and demand Biden do the same. If Biden delays, Trump has him. If Biden names someone worthy of the memory of RBG like Angela Davis, Trump has him. If Biden names someone like Garland, the Bernie Bros will lose whatever tepid enthusiasm they have for Biden....There are ways to play this that cause Trump to gain votes and make the Democrats look bad.

tcrosse said...

This ought to kick the Trump-thusiasm up a notch (if that's possible).

Michael K said...

I don't see how they can get confirmation with Pierre Delecto leading the opposition.

TRISTRAM said...

A 4-4 SCOTUS allows a Hawaiian Judge and the 9th Circus to decide key lawsuits re: the election, presupposing that progressive and conservatives vote along philosophical lines, not as the facts indicated. Of course CJR could still decide it is a tax., to protect the legacy of the court and make it 5-3 for the progressives.

Achilles said...

tim maguire said...

It’s probably the best argument the Reps have, but the court isn’t split 4-4, it’s split 5-3 and, assuming the Democrats bring the challenge, the Reps win all ties.

Not counting all of the mail in ballots is a tax, not a fine.

I am positive John Roberts will betray the constitution if it puts Biden in the White House.

Tommy Duncan said...

Cruz has provided a clear and succinct case for a quick nomination and prompt Senate approval vote. --How rare to see a coherent argument from a member of the political class.

Mr. Majestyk said...

By clinging to the bench while knowing that she had a fatal disease, Ginsburg knowingly put the country in this position. Draw your own conclusions.

Yancey Ward said...

The present court is still 5-3 ideologically. I don't think Roberts would rule for Democrats installing Biden unless the issue at hand were fully transparent with only one logical decision- in other words, Biden would have to actually have won the election clearly, and in that case, there wouldn't even be a court case brought or given cert.

I have written it before- the decision in 2000 was wrong- the court at that time should have simply issued an opinion that the nascent House is the sole arbiter of the Presidential election, and I suspect that is what the Court will do in a contested election this time. If there isn't a clear winner a day or two after the election, then House will decide the election, and it is likely that a Republican would be selected. It is very unlikely the Democrats will control more than 24 House delegations (they control 24 right now, and that is after the House landslide of 2018, something that won't be repeated this Fall- they will lose seats this cycle for certain). The idea that rogue Republicans would choose Biden over Trump in House decision is ludicrous- what is far more likely to happen in this "rogue Republican" scenario is that the Republicans dump Trump for, let's say, Marco Rubio- all it would take is for a few faithless electors to vote for Rubio and get him in the top three electoral choices going into the House vote. However, having written that, Trump would still be the likely choice in a House decision- denying their own voters their choice would be a political death sentence to every House member.

rehajm said...

Trump should name who he'll appoint and demand Biden do the same

Joe Biden is not a President...

n.n said...

Passing, historic justice, and legendary advocate... Fact check: all true. The karmic irony is that ultimately it was Her Choice, for her, for us all.

rehajm said...

It’s probably the best argument the Reps have, but the court isn’t split 4-4, it’s split 5-3

We don't know how they would vote. The problem is a 4-4 tie is a possibility. A full team reduces the possibility of a lower court determining the fate of the nation...

Bay Area Guy said...

"The "Tiny Dancer" back drop makes it surreal."

Hold me closer, tiny Chancellor

Original Mike said...

"Joe Biden is not a President..."

He wants to be. Show us your backbone, Joe.

Achilles said...

Yancey Ward said...

However, having written that, Trump would still be the likely choice in a House decision- denying their own voters their choice would be a political death sentence to every House member.

Political?

D.D. Driver said...

It's a bad idea because it makes it makes it inevitable that the democrats pack the court at their earliest opportunity. Which if Biden wins and the Senate flips, could be next year. That 6-3 advantage could easily be 6-9 disadvantage on Biden's new 15 judge court.

The democrats were stupid to get rid of the filibuster, and the Republicans would be stupid to ram through a nomination right now.

roger said...

Amy Coney Barret.

Lets see if the Left will continue to denigrate her strongly held, genuine, personal convictions as dogma.

Take the battle directly to the Left. This confrontation is long overdue.

Drago said...

Yancey Ward: "The present court is still 5-3 ideologically. I don't think Roberts would rule for Democrats installing Biden unless the issue at hand were fully transparent with only one logical decision- in other words, Biden would have to actually have won the election clearly, and in that case, there wouldn't even be a court case brought or given cert."

Wrong.

Wrong wrong wrong.

Wrong.

Roberts would be happy to have the marxists and future writers of our history capture him as the revolutionary hero who defeated OrangeManBad and brought the dems to power.

Roberts is just aching to do it.

Roberts would be treated as a national hero to the left and since the dems would move immediately to give statehood to DC and PR and Guam and the VI's and open up the borders and flood the nation with illegals who would all get to vote and then the dems will go with national popular vote legislation and get rid of the electoral college (they'll figure out a way) no republican would ever get elected again.

Caligula said...

And where, exactly, would court-packing end? A cast of thousands, perhaps?

Qwinn said...

The notion that if Trump waits till after the election, the Democrats won't pack the court or do literally anything else they want when they get power again, Constitutional or not, is laughable. The masks have been wholly dropped the last 4 years. Putting them back on now might help you against COVID (or not), but it ain't fooling anyone. Some will pretend though.

Deanna said...

Alaska has 737,000 residents. That includes every man, woman, and child. The Alaska Division of Elections has printed 800,000 ballots for the November election. Think about that for a minute.

tcrosse said...

Once the Supreme Court has been packed, would it be possible to unpack it?

chickelit said...

Hillary Clinton called for a 'fiercie' response, telling MSNBC's Rachel Maddow that Democrats should 'do everything possible to stall and stop whatever McConnell pulls out of his hat.'

Ugh. Why does Hillary get to weigh in on this? She hasn't been nominated for anything and she has no constituency.

Gk1 said...

That is an amazing take by Trump after receiving the news. Authentic shock followed by things normal humans would say when they hear of someone passing. I would love to see what Biden's reaction would have been. "Whaaaa? FDR died?!? Where am I?"

The democrats unhinged behavior is causing even 3rd party libertarians like me to vote straight republican just out of self preservation.

Increasingly the democrats and media sound like 5 year olds that need a nap. It's not only unseemly, its alarming. You need to take a nap of 8 years before we can even consider handing power over to you again.

cold pizza said...

Daddy Binx said at 10:39:
"USA: "2020 can't get any weirder."
RGB: Hold my beer..."

Should read "Hold my bier..."

FIFY. -CP

Left Bank of the Charles said...

Isn’t Cruz supposed to be on Trump’s list? He obviously doesn’t think so.

Rusty said...


"They intend to fight the legitimacy of the election."
No. They intend to steal it. There will be massive vote fraud. See the reference to Alaska above.

Howard said...

A supermajority in the senate can depack the court by convicting those impeached by the house.

Nichevo said...


tim maguire said...
It’s probably the best argument the Reps have, but the court isn’t split 4-4, it’s split 5-3 and, assuming the Democrats bring the challenge, the Reps win all ties.

9/19/20, 10:45 AM


+1 to whoever said that Roberts will betray the Republic for a pat on the head, an invite to the hottest Washington cocktail party, a carton of Luckies, or a fat young boy with sphincter intact. Or in a coin flip. Get a 6-3 Court and either he can play it straight or suck a lot of 5-4 dick and write a bunch of minority opinions.

hstad said...


Blogger Howard said...
A supermajority in the senate can depack the court by convicting those impeached by the house.

9/19/20, 5:34 PM

Do you live on the same planet as the rest of mankind or is it normal to spout such garbage?