Rep. Andy Biggs: Trump, nominate RBG replacement now – here's why it's so important

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Trump says he has 'obligation' to nominate Supreme Court justice

Brett Tolman, former Senate Judiciary Committee Counsel joins 'FOX & Friends.'

President Trump should not hesitate to nominate a replacement for Ruth Bader Ginsburg on the Supreme Court. 

Justice Ginsburg helped blaze the trail for women in law and society. She served America for decades and will long be remembered. Nevertheless, delaying her replacement is not justified, and is actually dangerous to the institutions of this nation. 

The Left opposes swift action by the president. A few Republican senators said they will not vote for a replacement before the November election. Leftists are promising violence – more rioting, looting, murder and mayhem – if President Trump nominates anyone before the election. 

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A Republican senator said she would not support a pre-election nominee because, “fair is fair.” The implication is that following the Constitution and Senate rules is unfair. The rulebook here is the U.S. Constitution, which is silent on the timing of appointments to the Supreme Court. 

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What would really be unfair is to effectively shorten the term of President Trump by failing to consider his SCOTUS nominee because of the upcoming election. Waiting would undermine the will of the people who elected him in 2016 for a full four-year term, and not for a term of office that has constraints put on his constitutional authority by selfish senators. 

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Of course, the recent riots and the outrageous misconduct of Democrat senators during the Brett Kavanaugh confirmation hearings are merely a small appetizer to the banquet of violence and vitriol that the next confirmation process will produce. 

The next nominee will be ‘Borked’ like never before. The crazies on the Left are already promising to burn “it to the ground.” While not specifying what they will burn, if the recent mobocracy is any indication, they intend to attack anything and everyone who happens to be in their path. 

America cannot succumb to the threats of those who want to tear down our institutions, ruin lives and control our country through intimidation and violence. 

This is just more of the left-wing hatred of America. They disdain this president, whom the radicals, and quite frankly, many Democrats, believe was not duly elected. We simply cannot cave to the mob. 

Senate Majority Leader Mitch McConnell, R-Ky., who has promised to swiftly bring the confirmation to the floor for a vote, must crack down on the Democrats in the Senate, who already seem to have lost their minds on this. They have vowed to stop this nominee at all costs, a la Sen. Dianne Feinstein’s last-minute harassment of Kavanaugh.  

McConnell must make sure that those who wish to put the nominee through hell pay the price for overstepping the bounds of the Senate rules. 

Never forget that Democrats believe the best bet for enacting their policies is a legislatively active Supreme Court.

It goes without saying that, were the shoe on the other foot, the Democrats would support the immediate nomination of a replacement. They would argue that it is the president’s prerogative, that he has constitutional authority, and that it would be unfair to limit his authority due to time constraints. 

What they are saying now is that, “We should wait until we have a new president” to confirm a nominee.  

But what if President Trump is reelected? Will they then support a nominee? Of course not. They will riot and try to make the life of the nominee a living hell. So, there is no advantage to waiting. 

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If Joe Biden wins, will the Left fall in line to allow a lame duck President Trump’s nominee get a fair confirmation hearing? Nope. They will riot and try to make the life of the nominee a living hell. Again, the advantage is to appoint now. 

What the radicals on the Left wanted was for RBG to remain on the court until Trump was defeated and Biden could appoint her replacement. But it didn’t happen that way. They are now mobilizing to tear the country down because things didn’t go their way on RBG anymore than they did in the 2016 elections. 

Another reason that the president and Senate must immediately act is because Democrats are laying the groundwork to steal the 2020 election. Courts in two states have already determined that they will accept ballots long after the polls are closed on Nov. 3. It would be wise to understand that the presidential election of 2020 will likely be thrown into the lap of the U.S. Supreme Court. We need to have a full complement of justices to tackle that mess. 

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Never forget that Democrats believe the best bet for enacting their policies is a legislatively active Supreme Court. They have promised to pack the court if President Trump gets anymore of his nominees on the bench. He must make the nomination now to try and militate against the effects of a leftist-packed Supreme Court. 

The president simply has no choice but to immediately nominate a replacement of Justice Ginsburg, and Senate Leader McConnell must conclude the confirmation process with alacrity. 

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