The Right’s SCOTUS Hypocrisy is All About Schadenfreude and Revenge
The right’s SCOTUS hypocrisy is obvious. A meager five-minute scan of social media right now will net you a healthy collection of instances where the right is being blatantly hypocritical when it comes to the possibility of nominating a justice for the Supreme Court. There is Lindsey Graham, Ted Cruz, and of course, Mitch McConnell. Each of these men had at one point mentioned something in 2016 that would negate their current stances on whether the GOP held Senate should nominate a justice for the Supreme Court. Of course, there are also numerous instances from many on the left arguing the polar opposite of their current stances. The bottom line though is the GOP got its way in 2016, and it will more than likely get its way again in 2020. Because of that, there is a feeling of unfairness in the Supreme Court nomination process from those on the left. Why? Because it has been unfair. The dirty secret though when it comes to the Right’s SCOTUS hypocrisy is that the right does not care. At all. For them, this is all about schadenfreude and revenge.
If you again quickly peruse social media, it will be obvious that almost everyone is being hypocritical. However, the right’s SCOTUS hypocrisy is even more apparent simply because they are having their cake and eating it too. What makes matters worse is that while it is entirely unfair what the right is doing, it is completely constitutional. The irony is that the right’s hypocritical battle and take-no-prisoners perspective on Ruth Bader Ginsburg’s replacement is a war three decades in the making. And they did not start it. If you had to look at one man to blame for the crazy atmosphere of the current SCOTUS nomination, you can find him at the top of the 2020 Democratic ticket; Joe Biden.
Because Joe Biden is currently looked at by those on both the left and the right as some doddering old uncle–think “Good Ol’ Joe”–many people are blind to the fact Biden was a monster when it came to SCOTUS nominations. Joe Biden was the originator of the vicious, despotic, and dig-in-your-heels attitude when it comes to nominating and voting on a SCOTUS nominee. He was so foul in how he treated both the process and the nominees that a verb was created in the aftermath; “to bork” someone.
Yes, the Right’s SCOTUS Hypocrisy is Brutal, But Biden’s Constant Borking Was Vile
Borking someone is “to attack or defeat (a nominee or candidate for public office) unfairly through an organized campaign of harsh public criticism or vilification.” That is what Joe Biden brought to the SCOTUS nomination process. He defamed a good man in Robert Bork and treated him–a law professor, D.C. Court of Appeals Judge, and one-time acting Attorney General–like a wanton criminal. Was Biden ever remorseful about the way he treated Bork? Not in the slightest. In fact, he was so proud of his actions he bragged about it during this very election cycle. For Biden, it worked and he was proud of it. End of story.
Well, maybe not. Maybe if it was the only time he had done this the right would not be so up in arms about the current vacant seat on the SCOTUS. But while one instance could be seen as a mistake, a second time is a pattern. And the second time was a high-tech lynching.
Yes, that is Joe Biden as head of the Senate Judiciary Committee. And that is Clarence Thomas scolding Joe Biden and the rest of the Democrats for engaging in a high-tech lynching of Thomas. Thomas was accused of unwanted sexual advances by Anita Hill. A claim that had literally no corroborating evidence. Worse for those who are suddenly so worried about fair play in SCOTUS nominations, the only thing the FBI could substantiate is that Hill misled them and the public, and that her “testimony contradicted what she had told law-enforcement officials.” But if that was not enough, according to Arlen Spector’s memoir (a man who knows a thing or two about switching sides), Joe Biden himself knew Hill was lying. A claim that was also made by Orin Hatch. The result was a 52-48 vote and Thomas was confirmed to the Supreme Court.
If that story sounds similar it is because it happened once more in September 2018. This time Joe Biden was not the head of the Senate Judiciary Committe, but it did not matter. Democrats once again used unfounded and uncorrorabated testimony that was refuted by numerous witnesses to try and railroad a Republican nomination to the Supreme Court. For Brett Kavanaugh, history repeating itself was “hell.” Another Republican SCOTUS nomination, another unsubstantiated allegation of sexual conduct, another confirmation where the nominee spent decades in public office without a single complaint only for it to magically surface once he was a nominee to the Supreme Court.
Fool me once (Bork), shame on you, fool me twice (Thomas), shame on me, try to fool me a third time (Kavanaugh)… and now it is time for revenge.
The GOP Has Been Waiting Three Decades to Exact Their Revenge on Joe Biden and the Democrats
That is where the right’s SCOTUS hypocrisy comes from. Not from anything moral. Not from some usage of an ephemeral “Biden Rule,” but from pure anger at having watched three good men get defamed merely for having the audacity to be SCOTUS nominees by GOP presidents. The right is trying to justify their flip-flopping. Just stop it. Everyone knows they are being massive hypocrites because it fits their current agenda. That is obvious and they look like lying fools while trying to justify their 180.
The case for nominating a Supreme Court justice is simple. The GOP controls the Senate and the White House, and that is all they need. The left would do the same if they had the chance. And the GOP is well within their Constitutional right to do so (this according to a dearly departed Supreme Court Justice). But if the right were being honest right now, they would admit they have been waiting for this opportunity to revel in schadenfreude for more than three decades.
Not only can they nominate one of their own hand-picked judges, but they can do so while throwing a massive middle-finger to the man running for president under the Democratic ticket in 2020. The man who comported himself like a vile monster not once, but twice, during a SCOTUS nomination process. Yes, the GOP wants to nominate their own justice, so much so they have no qualms acting like obvious hypocrites. They can–and probably will–get what they want. But the ability to constitutionally nominate and confirm their own judge while also experiencing wave after wave of schadenfreude, plus exacting their revenge on the Democrats and Joe Biden in particular, is simply too juicy to pass up. The time for revenge is now for the GOP and they are taking it.