LCPR Exclusive: QUEEN’S GAMBIT The Supreme Court may soon play a high-stakes game of Truth-or-Consequences
- by Jay D. Homnick
- 12-02-2020
Photo by Shirly Niv Marton on Unsplash
Politics,
like any clubby discipline, has a jargon. Or if you prefer, an argot. Whether
in the form of real words used in unusual applications, or in the form of
freshly minted phrases, Washington D.C. sports a vocabulary all its own. This
results in insiders using words in conversation that outsiders cannot plumb. It
is a way to “tighten their Beltway”, making said insiders look smart at the
expense of the uninitiated. Elite elisions create cultural collisions.
Yet Fate gets the last laugh often enough, because once
people become accustomed to speaking among themselves, they lose a lot of their
capacity to communicate with others. Sometimes you can watch a political talk
show, and some party strategist or issue activist keeps referring to an issue
they are passionate about, each time describing it with the same Our Crowd
expression that no one else recognizes. He or she keeps turning up the heat,
becoming ever more indignant, and neither the host nor the audience can even
decipher the reference.
That happened this year to the Trump campaign with “packing
the Court”. The campaign ran millions of dollars in ads saying that if elected
Joe Biden would pack the Court. The President himself challenged Biden in
debates to assure voters he would not pack the Court. Biden would not grant the
assurance, instead wading into vaguery about consulting with experts. He
wouldn’t explain more but in actuality he needn’t have troubled to go as far as
he did. This is because the viewers
could not unpack that phrase.
How do I know so affirmatively? Because I conducted a poll
using the highest scientific standards, weighted for anthropological and
sociological factors. In other words, I asked all my family and friends. Not
one – not a single one – had a clue of
what “pack the Court” meant. They
thought the ads were saying that Biden hoped to put a lot of liberals into
Federal judgeships.
Here it is: live with it! The campaign WASTED MILLIONS OF
DOLLARS (I am shouting, because that four-word mantra is the only one that gets
these folks’ attention) on scare ads about “packing the Court”, because no one
knew what they were talking about. Think on it!
Well, then, what does “packing the Court” actually mean? It
means the House and Senate will vote to increase the Supreme Court to 13 or 15
Justices. That will allow the sitting President to add 4 or 6 of his choices,
giving him an ideological majority including a bunch of newbies with personal
debts of loyalty. If Biden won/wins, and the Senate goes 50/50 after the two
Georgia runoffs for Senate go Democrat, Charles Schumer has the votes already
to eliminate the 60-vote cloture requirement. 50 Senators plus Kamala will add
4 or 6 Progressive Justices to conquer the Supreme Court, and President Biden
will sign on the dotted line.
All of which brings us back to the ongoing Presidential
post-Election. Right now it is still a sequel of the 1966 McCall’s article and 1970 film, Suppose They
Gave a War and Nobody Came. Rudolph Giuliani, Sidney Powell, Lin Wood and Jenna
Ellis are doing incredible work and making impassioned presentations in front
of courts and legislatures, all while Joe Biden ignores the whole business.
(See the companion to this piece, King’s Gambit.)
But at some point a petition will come before the Supreme
Court arguing that Trump should get the electoral votes of Pennsylvania,
Michigan, Wisconsin and either Nevada or Arizona, making him the winner. The
Court just might surprise everyone by granting an “expedited hearing” but
dragging its decision out past January 5th, 2021, and blocking the Electoral
College from meeting to declare a winner.
And here we may well see the ultimate gambit. A gambit, we
explained elsewhere, means losing one thing in order to win something bigger.
On January 5, the two Georgia Senate runoffs will take place. If the
Republicans win one or more, the Supreme Court will likely affirm Biden’s
victory, knowing the Senate to be in safe hands. But were the Republicans to
lose both, then a vote by any two of the conservative Justices for Biden would
hand over their majority power on the Court voluntarily. Is that likely to
happen? Inquiring minds want to know.