Make McConnell Pay for Amy Coney Barrett

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Amy Coney Barrett has begun her tenure as an illegitimate justice on the Supreme Court, which has been diminished by the antidemocratic charade that saw Senate majority leader Mitch McConnell elevate a right-wing judicial activist in a mad rush to avoid electoral accountability.

These are the facts that should be acknowledged in every media report on the rule-shredding process that concluded Monday evening with the Senate’s confirmation of President Trump’s third Supreme Court nominee by a 52-48 vote. The Senate vote hugged party lines. Every Republican except Maine’s Susan Collins backed Barrett, while the 48 “no” votes came from 46 Democrats, two independents who caucus with the Democrats, and the embattled Mainer.

But another set of numbers explains Barrett’s illegitimacy—and demands a reckoning on November 3.

The 52 Republicans who voted to confirm Barrett represent states that are home to just 152 million Americans, while the 48 votes against her confirmation represent 170 million Americans. MORE FROM John Nichols The Election Isn’t Over Until Trump’s Gone October 26, 2020 Dianne Feinstein Demonstrates Why Democratic Challenges to Democratic Incumbents Are Necessary October 23, 2020 We Need Joe Biden to Deliver the Knockout Trump Deserves Tonight October 22, 2020 Author page

The Senate that confirmed Barrett is an unbalanced chamber, and Republicans have exploited that imbalance to impose their will on the country—not for a few months or a few years but for a few decades. Republicans moved with reckless haste to confirm Barrett because they know the arc of history is bending against them. In 2016, 51.5 million voters (56 percent) backed Democrat Senate candidates while just 40.4 million supported Republicans. In 2018, 52.3 million voters (60 percent) cast their ballots for Democrats while just 34.7 million voted Republican. There is reason to believe, though, that the 2020 election could rebalance the Senate to better reflect the will of the people.

“The reason the Republicans were willing to break every rule to jam through an illegitimate nomination eight days before the election is that they have realized a truth that shakes them down to their core: The American people are not on their side,” explained Senator Elizabeth Warren.

McConnell won’t admit it. But he knows Warren is right.

As the leader of a “majority caucus” that represents a minority of Americans, McConnell acknowledged Republican infamy on Sunday. Gleefully celebrating the theft of another court seat, he said, “A lot of what we have done over the last four years will be undone sooner or later by the next election. It won’t be able to do much about for a long time to come.” It’s Official Republicans Have Confirmed Amy Coney Barrett—and Officially Captured the Supreme Court Elie Mystal

Voters were choosing the next Senate as he spoke. In barely a week, McConnell could be a lame-duck leader. If Democrats secure a net gain of four seats on November 3, as polls suggest is possible, they will have clear control of the chamber. If Biden’s elected and Democrats gain three seats, then Vice President Kamala Harris will be able to break ties and give Democrats the upper hand.

McConnell and Senate Judiciary Committee chair Lindsey Graham of South Carolina know their power is threatened. That’s why they were so desperate to confirm Barrett before Election Day. But in their rush, McConnell and Graham failed to provide credible advice and consent, rejected basic premises of a system of checks and balances, and delegitimized Barrett. Instead of waiting for an election that will in short order confer the authority to nominate and confirm a justice who is otherwise unaccountable to the people, a president who lost the popular vote nominated Barrett and a Senate that does not represent the majority of Americans confirmed her.