I don’t know how big a legislative nerd most of you are. The odds are the answer is close to not at all. So in case, you didn’t know the junior senator from Oregon is a proglodyte gentleman by the name of Jeff Merkley. He has for the first time in his career began to acquire a national reputation specifically as a voice of The Resistance. Well, he is on brand yet again, this time railing against not just the one percent, but against the Kochs, the Republican majority, and our newest supreme justice Niel Gorsuch. It seems pretty absurd but let’s get into it a little.
Coming soon to the Supreme Court is yet another case involving labor unions. Per the usual, the Democratic Party is rallying around their thralls and conflating every possible bad argument that they can. What the case is about is about the ability to extract union dues from employees without consent. However, the blue team is trying to make this about worker exploitation, respect for public sector workers, and every other union based straw man you can imagine. This is all very typical, none of this would necessarily be newsworthy. What makes this newsworthy and why I want to talk about it is part of his rant.
By now its become a tired argument, but the Democratic Party is still is on this kick where they insist that the position that Neil Gorsuch holds is by all rights due to Merrick Garland. Obama nominated him and that means that the Republican Party was required to confirm him. This belies the real honest problem with how we perceive our own government here in the United States of America. So one more time, for all the proglodytes in the back lets talk just a little bit about how our government is organized.
The federal government has three core pieces. There is the Supreme Court. There is the executive, which is the president and all of the bureaucratic structure underneath him. Finally, there is the legislature, which has two “houses” or further divisions. Each of these pieces has a very distinctive set of duties. These responsibilities were very specifically and intentionally divided to promote an equally intentional deliberation in government. The legislature is responsible for the decision making process. The executive is in its proper role responsible only for seeing that the legislature’s decisions are carried. The Judiciary and specifically the Supreme Court are responsible for resolving justice and legal challenges that will arise from these processes.
All this tied together forms would is mechanistically called a democratic republic. This is where we get to the point. This is what Senator Merkley and all proglodytes need to understand. In a system like this, it is up to the legislature to make the decisions. They make these decisions as a proxy for the public at large. The president might nominate these people for positions. This does not entitle them to the position. It is the legislature that grants them their office. Whether you agree with it or not, no seat was stolen from Merrick Garland. He was not entitled to it, and there was nothing that grants president Obama the right to expect that he would get his choice. It is Gorsuch’s seat now and the issue is dead.
If you hear someone making this argument remind them how the government works here in the United States. Remind them the president is nothing more than a man, a bureaucrat who is always eminently replaceable. Remind them here whether they should be or not the people are sovereign. The people spoke, and their representatives chose. The masses make the choices here, not your golden calf.