If you read the commentary for Tuesday morning, you know that if Democrats take the Senate and White House, their threats of packing the Supreme Court, eliminating the Electoral College, granting statehood to Puerto Rico and DC, and making other seismic changes will be carried out whether or not President Trump fills the vacant Court seat before the election. So Trump may as well DO IT, and, in fact, intends to. As we reported yesterday, the Senate apparently has the votes. So that part of the discussion is over, or at least should be.

EVERYONE knows that if a Democrat President were in the same position as Trump, with a Democrat Senate to confirm his choice, he’d have his new (activist) justice sworn in faster than you can say “Christine Blasey Ford.” The full Court would be able to start hearing cases in October, hardly missing a beat.

But the double standard applies once again. The media are completely off their meds. The meltdown on CNN and MSNBC was so predictable that there’s no point in even getting into it. Mostly, they’re wrongly equating one situation (the Merrick Garland nomination), in which the President and Senate were of different parties, with another situation, in which the President and Senate are of the same party. But these scenarios are very different, and the anger we see is coming from their blind partisanship and willful ignorance. I’ll do what I hope you do --- ignore it.

Except for one dangerous part of it: They’re encouraging the Democrats to go ahead and “burn it all down": As soon as they gain power, pack the Court to suit the President, destroying checks and balances. (VOX said this might be “the only solution.”) Add states, to gain senators who vote their way. Get rid of the filibuster completely. “Blow up” the Electoral College and choose the President by straight popular vote (gee, why shouldn’t California and a handful of big cities pick the President?). Maybe even impeach the attorney general, for, um, agreeing with Trump too much. Do whatever it takes to hold onto power. The media apparently learned in journalism school that they’re supposed to be the cheering section for all this.

THE FEDERALIST has a great piece on just how far the media and the Democrats (but I repeat myself) plan to take this.

However, this episode has taken one surprising turn. Under the heading of “even a broken clock is right twice a day,” I have to give credit to Utah Sen. Mitt Romney for seeing the big picture on this issue and putting history and precedent over politics and personal grievance. The LA TIMES wrote that Mitt “made the wrong call,” which means he made the right call. They also left out –- I’m sure deliberately –- the first part of what he said, about the fairness of following the law, so I’ll put that back in:

"My decision regarding a Supreme Court nomination is not the result of a subjective test of ‘fairness’...it is based on the immutable fairness of following the law, which in this case is the Constitution and precedent,” his said. “The historical precedent of election year nominations is that the Senate generally does not confirm an opposing party’s nominee but does confirm one of its own.”

Romney went on to say that he would follow the Constitution and vote based on the nominee’s qualifications. Good job, Mitt!

House Republicans had something to say about Court-packing, too. Not that Democrats care.

As reported in POLITICO on Monday, Joe Biden refused to tell a reporter whether or not he would pack the Supreme Court if he won. He weaseled out by saying, “It’s a legitimate question. But let me tell you why I’m not going to answer that question: Because it will shift all the focus. That’s what he [Trump] wants.”

"Shift all the focus”? To quote Biden after the passage of Obamacare, “This is a big (bleeping) deal!” The idea of Court-packing is a big deal. Shouldn’t we focus on it right now? If Biden won’t renounce Court-packing, that tells us his party intends to do just that if they get the chance.

This is also one more example of Biden flip-flopping, as he said during the primary race that he “would not get into Court-packing...we’d begin to lose any credibility the Court has at all.”

And so we would. Why can’t he say that now?

Kamala Harris was more forthcoming, in a chilling sort of way. As reported by THE NEW YORK TIMES, she said she was “absolutely open to” packing the Court. Well, of course she is. She and AOC are on the same page, you can bet the farm. (Of course, if they end up in power, they’ll likely take your farm.)

Biden won’t even divulge his own “shortlist” of SCOTUS nominees. Maybe he doesn’t know them or remember their names. But he knows who’s in charge of his party, and he has said he’ll have “the most progressive administration in history.” If you want to see progressive, all you have to do is look at the extremists running New York City, Portland, Seattle and San Francisco. Leftists have way too much power NOW; we’d be crazy to give them more.

Finally, for when you have time, it’s fascinating to look back at what happened when Franklin D. Roosevelt tried to get the House and Senate to pass legislation to help him pack the Court, just so it would rubber-stamp his New Deal programs. Back in 1937, even though these were all Democrats, they reacted with horror at such a power-grab and refused. FDR’s plan flopped spectacularly. If only this were still your great-great-grandfather’s Democrat Party.

FDR’s Court-Packing Attempt | The American Spectator | USA News and PoliticsThe American Spectator | USA News and Politics

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Comments 1-25 of 36

  • Garlon Allen

    09/27/2020 06:34 AM

    It’s interesting that the title of this article starts with the word “Democrats” and the picture is of Romney. One can never know for sure.

  • DIANE M HAHN

    09/25/2020 03:33 PM

    Sorry this is a different topic, but one that bothers me and you have more of chance in doing something about it than I do. It come from some trivia I was reading and is as follows:

    One of the Original Amendments Wasn’t Ratified Until 1992
    An amendment that would restrict Congress from giving itself a raise in pay or cut in salary was never ratified by the states, which requires a three-fourths majority. So, for 202 years, it was stuck in limbo. Gregory Watson, an undergraduate at the University of Texas, who was writing a term paper on the Bill of Rights, discovered this Congressional Pay Amendment. As he dug deeper, the student found that it was still “technically pending before state legislatures.” Watson took on the challenge to get it passed by mounting an aggressive letter-writing campaign to each of the states. On May 20, 1992, it was finally approved, and the constitution was updated to include it as the 27th Amendment. In the end, Watson only received a C on his term paper, which hardly seems fair.

    Why is congress allowed to give themselves a pay raise to begin with? Why is it not up to We the People whom they claim to serve?

  • Carl T Smith

    09/25/2020 02:49 PM

    ANTIFA and BLM are pushing the envelope when the sitting down with a couple eating lunch and drinking the beer of customers and it's NOT going to end well. They make the mistake of pulling that stunt on me or someone who is like-minded I can GUARANTEE it will end badly! In my case Prison with all its medical perks would be a Plus for me-so Thugs make sure you pick on the Liberals that would actually be dumb enough to back you!

  • SALLY ANDERSON

    09/24/2020 11:00 PM

    If Biden succeeds in "skipping out" of any of the debates, Trump needs to trot out Clint Eastwood's EMPTY CHAIR!

  • rodney burke

    09/24/2020 02:27 PM

    they will not and cannot. If Mitch acts like a man, and makes the senate vote, there will be nothing but useless howling. You know where the dems should go, and the sooner the better. yes, they are showing their communist leanings out in the open. there is nothihng to have hearings about. Vote and swear her in. left has been talking about packing the court for a long time, this is nothing new. They are 5 year olds, throwing a tantrum because they didn't get their way. Mitch and the rest need to act like adults.

  • Walt Shipley

    09/24/2020 11:49 AM

    Are the democrates saying if they get in office the rest of us have the right to burn them down?

  • Judith Aiello

    09/23/2020 10:40 PM

    What is happening over & over these days is SO despicable. My hometown is Portland, Oregon. I no longer recognize my once BEAUTIFUL City of Roses! The Left is running roughshod over our Constitution. We need to RISE UP and put a stop to this craziness!!!
    Unless Trump wins in a huge landslide we won’t know the results of the election for months! And if he does win, I fear that the Left will attempt to burn the country down.
    I believe in the power of prayer & will keep praying. WHERE has common sense gone, Governor Huckabee???

  • Joanne Tatum

    09/23/2020 09:56 PM

    Please tell Pres. Trump to make it loud that Dems are holding back the stimulus checks that many of us desperately need! This is a big issue! SCOTUS is down the line to the average person. But choosing a woman is a great move!!!

  • Judy McGlothlin

    09/23/2020 08:19 PM

    The Babylon Bee story about Biden being appointed to the SCOTUS is priceless. I love to laugh and this story produced several chuckles.

  • KAY ROBBINS

    09/23/2020 07:07 PM

    Here is additional proof of outrageous Democrat hypocrisy. If Trump supporters request a permit for a rally in Portland, it will be denied. If, however, you are antifa or BLM and plan a counter - protest, it isn't even necessary to request a permit. Timid Ted is terrified of interfering with "his" supporters.

    www.oregonlive.com/portland/2020/09/porltands-parks-bureau-denies-proud-boys-permit-to-hold-rally-at-delta-park-citing-coronavirus-safeguards.html?utm_source=Sailthru&utm_medium=email&utm_campaign=New%20Campaign&utm_term=Newsletter_b

  • Suzanne Bullock

    09/23/2020 06:39 PM

    Mitt Romney couldn't tell a political truth to save his life. He's a weasel who just knows how to frame things to scam most of his constituents back here in Utah who fell for his family name and big smile and will vote for him again if comes up with the right excuses. Notice that he left himself a great big whopping hole to escape the vote with. $9 will get you $100 he'll use it, no matter what, then find some excuse to say the person wasn't qualified regardless of the truth.

  • Renee Kendrick

    09/23/2020 05:41 PM

    The DIMS activities of blowing smoke and hot air could be major reasons for any recent climate changes. Their quest for climate change is wasteful thinking. The climate changes at least four times a year...called seasons. After this next winter season rolls through, they might change their minds about global warming. Biden stated that no natural disasters will happen when he is president. Hmmm! Sounds like he is only going to be president for a nanosecond, if elected! Yawwwn is so right!!! Not sure if they are 100% on board with their ideas!

  • Dennis Sanders

    09/23/2020 03:22 PM

    When people point fingers at other people. There are three fingers pointing back at them. This goes both ways.
    God bless America

  • JO COOPER

    09/23/2020 03:20 PM

    Governor: Regarding “packing the court”, I think I would like to see a few more justices at the SCOTUS level, but with a few other changes along with it. I think 17 would be a nice number. The Chief Justice would never sit on a case per se but be fully informed and studied on each case. There could then be two 8-member “courts” randomly selected out of the 16 remaining justices at the beginning of each year or even each session. That would allow more cases to be heard and keep the justices from getting “too comfortable” with the views and opinions of the other justices or how they can be swayed into thinking outside the constitution. The other thing that needs to happen is never allowing a simple majority to decide any case – it needs to be at least ¾ majority which would be 6 out of the 8-member panel. This would provide more “consensus” and not allow a single vote to change the course of our constitution. If they could not reach a ¾ consensus, the other 8-panel court would consider the evidence and vote as well. If consensus still could not be reached, new arguments would be heard by all 16 justices. The Chief Justice would ensure the votes of the separate courts would not contradict one another and provide input or facilitation as needed. I know it cannot be this simple, but I do think changes would help the current situation. I would even be in favor of all rulings of the past xx years that were 5-4 getting a new trial under the new rules. I know this is just as bad as what we have now if only liberal judges are installed, so maybe we should require a constitution test before confirmation? Or have rules around their education, such as only one graduate per university is allowed (maybe 2); there’s bound to be still a few universities that require a constitution course as part of their law degree requirements. Just some thoughts that maybe someone with more time on their hands could flush out. Thanks for your emails and website!

  • Allen Hare

    09/23/2020 02:54 PM

    Again, I may sound redundit because I am ! If those who are IN office or running for Office do NOT believe in the Constitution of The United States, then why are we the people allowing them to be where they are....trying to destroy our Country????

  • Angela Johnson

    09/23/2020 01:52 PM

    Mr. Huckabee,
    Yes agree and agree on all of your comments. Senator Mitt Romney, I cannot believe it. The history going back to Former President Roosevelt, yes, I agree.
    Double standard always too. I agree with you on all the topics of this news letter. Best.

  • Rick Newberger

    09/23/2020 01:45 PM

    Mike, the other difference between now and 2016 which I don't hear people mentioning is that in 2016, it was at the constitutional end of the incumbent's term and there was guaranteed to be a new president. In 2020, while it is looking very likely that there will be a new president, the President is within his rights to assume there will not be. All of this yammering about "new president" is actually rather offensive.

  • Noemi Garza

    09/23/2020 01:32 PM

    I am concerned that President Trump does not seem to be showing much empathy for all those lost to COVID. it would be great if he would acknowledge his sorrow for all American lives lost. I strongly believe he will lose votes on this issue because too many lives have been impacted by the loss of loved ones. And it’s not just the elderly that have underlying issues. I love President Trump and support him 100%. But this is one issue that has impacted me and I don’t want it to make a negative impact on this race for the many who support him to the point that they change their votes

  • Phillip Ridenour

    09/23/2020 01:26 PM

    Not that we shouldn't take the Democrats seriously in wanting to pack the Supreme Court, admit Puerto Rico and Washington DC to the union and abolish the Electoral College, but just because they want those things doesn't mean they'll get them. The Electoral College issue alone would require an amendment to the Constitution; a tough thing to accomplish. Admitting states to the union isn't exactly easy, either. They could try court packing, but already there is some pushback within the Democratic Party. Take them seriously, but don't accept that their wish list is a foregone conclusion.

  • Joseph Trokey

    09/23/2020 01:10 PM

    It seems to me that those who have taken an oath to protect and defend the Constitution either know nothing about it or have such an animosity about it that they don't want to follow it. They say that power corrupts absolutely and we are seeing that very thing unfold. Corruption has always been with us, it's just now they are not trying to hide it. It is truly sad to see a great country and Constitution be driven in the ground by those who place power above all else.

  • Paul Chaisson

    09/23/2020 01:01 PM

    if you check out Susan Collins Facebook page you can read about how unhappy most people in Maine are over her decision to vote no. Its her duty to evaluate the candidate and vote to restore dignity, morals and character in the Supreme Court

  • Lewis Cleveland

    09/23/2020 12:54 PM

    Thank you, Gov. Huckabee, everything you said Is accurate and the words you said, is nothing wrong. I use the words shouldnt say, but did. Bec wicked, evil anti america in everything demoNcrats or call. liarcrats. I have enough to hear their fork tongues from Satan and all the followers be encrouraging by lawless destructivecrats and treasoncrats for supporting foreign regimes who killed our mikitary grieving the family of these part have no feeling or sympathize but celebrating till 2 regimes of Iran which Obma spend billions of dollars to them and angry about killing their “friends” and ignored angel moms and dadS whose loved one killed by illegal imimigrants. Its just beyond me. One of my favorite Pastor Dr Charles Stanley said few years ago, i have never seen like this in my 85 yrs growing up, the worst nightmarish ever seen. He is very right about it. Not like 70s busing, or 60’s protestors against vietnam. Sad. Sad sad. Thank you for sharing with us. May the Lord be praise.

  • ken moore

    09/23/2020 12:50 PM

    the president makes choices democrats suck it up abide by the laws of the land quit trying to rewrite rules in your favor when trump makes a nominee you will not have a choice in that process except to squeal gotcha

  • Anne Turner

    09/23/2020 12:40 PM

    I agree. Bring it on! If The DNC wins, the we the people deserve what we get. I, personally, have had it with the arrogance, intellectual pomposity, self righteousness, cultural degradation, victimization, Godlessness, journalistic bigotry, inability to really help people despite decades of being in charge, no concept of unintended consequences, hatred of Trump and America, insults to police, extreme feminism, and many more far left items of sheer stupidly. Give me an egotistical, bombastic boor, who loves America, fights back, and gets things done that really benefit the people, the country, and the world. That loud rustling you hear are the bones of old time democrats turning over in their graves.

  • Heidi Petrick

    09/23/2020 12:36 PM

    Hey Governor, why does it feel like we are about to see a hard coup? Listening to what the Democrats are saying about packing the Supreme Court and all the other changes that they are wanting to do, I wonder if they’re waiting for the average person to get bored with it all then take over when no one is expecting it? Thanks for letting me rattle Governor. God bless you and yours! Heidi.