by Andrew Leheny
. A tyranny of the minority, coordinated by Senate Majority Leader Mitch McConnell, must be confronted by Democratc members of Congress by all legal means.
. Senator McConnell would likely dispute the claim that a tyranny of the minority exists. There are 54 GOP senators, clearly a majority. Yet, the GOP represents 153 million Americans, compared to 168 million served by Democratic senators. The reason for the disparity? Republican gerrymandering has distorted voting district boundaries in order to maintain its artificially created Senate majority.
. When factoring in Hillary Clinton won the 2016 election popular vote by 2.9 million, the GOP’s denying of the Will of the People becomes a glaring concern; especially since the Mueller report revealed Paul Manafort provided Rust Belt state polling data to a Russian agent prior to the election, which questions the legitimacy of the Trump presidency..
. The GOP argument that it was justified in not voting on President Obama’s nominee strains belief. Not only was there 10 months until the election, but his nominee, Judge Merrick Garland, was recommended by former GOP Senator Orrin Hatch. But as we know McConnell refused to allow even a vote on the nomination, while creating a new standard that no SCOTUS nomination in an election year be permitted.
. However, now McConnell and most of his GOP colleagues refuse to honor their words. But the overwhelming majority of Americans do want the GOP to honor their promises.They do not wish a POTUS who lied to the nation about the dangers of coronavirus to now be given a choice of a SCOTUS nominee. Nor do the great majority of Americans wish the Republican Party, which has been complicit in Trump’s failures, to make this decision.
I believe there is a legal path to challenge Senator McConnell and all but a few GOP senators to ignore prior promises and to ram through an SCOTUS nominee against the Willof the People.
. I understand contracts can be both written and verbal. The key is both parties to a contract must each provide consideration for the contract to be valid. Senator McConnell, and all GOP senators promised that if during an election year a Supreme Court vacancy occurred, the vacancy would be filled by our next elected president. This is the GOP consideration.
. The consideration given by President Obama was not to simply appoint Judge Garland to the vacancy because Senator McConnell would not allow a vote on his nomination as McConnell was required to do. This should be the basis for a breach of contract claim against Senator McConnell and all GOP senators now breaking their agreement.
. On this matter, the GOP’s Tyranny of the Minority must stop.
This oped may be used by any publication as long as credited to author.
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