Senate Minority Leader Chuck Schumer (D-NY) has come to an agreement with the Senate Majority Leader, Mitch McConnell (R-KY) to fast-track the confirmation hearings of candidates up for federal judicial seats across the country. Knowing the quality of Donald J. Trump’s candidates, and those candidates to whom McConnell has given the green confirmation light, it’s no wonder most Democrats are both terrified and furious. This will set the tone for circuit and federal courts for a generation, at least, and many of these candidates have been vetted by the notoriously right-wing Federalist Society.
Now it looks like Schumer’s given away the store by agreeing not to throw any roadblocks in McConnell’s way when it comes to seating men and women who are likely to turn this country down a path a majority of Americans reject.
Let’s face it: Schumer is no Harry Reid (former D-UT). Harry Reid earned his share of scorn from the liberal faithful for compromises and retreats that owed as much to his friendship with Republican colleagues as his strategic ability. But he could play the game as well, if not better, than McConnell, and many of us have been desperate for someone of his skills ever since Trump first plunked down behind the Resolute Desk. Considering how often many of us on Daily Kos railed against Reid, I can say safely that Schumer doesn’t inspire confidence across the board here.
I think that McConnell may have roped Schumer into an unwelcome agreement (yes, I know; thank me, Captain Obvious). But I’m halfway persuaded that Schumer may also be playing the long game, with respect to fighting the confirmation of Brian Kavanaugh to the Supreme Court. And the reason why is this well-written article (and Twitter thread) by John Stoehr, a 20-year journalist and former managing editor of the Washington Spectator: Schumer Made The Right, Costly Decision.
Now Stoehr wrote this partly in response to the reaction from Adam Jentleson, Harry Reid’s former deputy chief of staff. Jentleson was not happy with Schumer’s deal, and like many of us, had harsh words for Schumer. The Minority Leader, Jentleson said, needed to realize that the GOP in the Senate is not going to abide by the rules they’re so busy vaporizing, and start gumming up the works to keep McConnell and Trump from getting their own pet judiciary. If Schumer couldn’t get his senators to follow him, Jentleson added, “you’re [Schumer] . . . not a real leader.”
Stoehr’s article, and the Twitter thread he created in tandem, lay out his case for why Schumer did the right thing:
As I understand it — and I fully accept that I may be wrong or obtuse — the Republicans are playing the short game while thinking they’re playing the long one. They plan on laying a judicial foundation that will enshrine GOP principles for at least the next two generations. But while the probability of damage is high, the likelihood that they’ll face a fight every step of the way is equally high. Countersuits will most certainly be in the works, as will public resistance. I may be too much of an optimist here, so take this paragraph with a grain of salt.
Schumer is literally buying time for his fellow Senators to get out and campaign. If he doesn’t know this is going to make him unpopular and even expendable with Democrats, then he’s more obtuse than I’m afraid I am. Stoehr doesn’t offer any good feelings or exhortations to have courage, only this dry conclusion:
I have nothing comforting or enlightening to add. This is food for thought, and sometimes the entree is hard to swallow.