First off, there is nothing the Democrats can do to stop the GOP senate from filling RBG’s seat with whoever they want. There’s no parliamentary rule or maneuverer open to them and without the support of 3 or 4 GOP senators, the number varies by the timing of the vote and if Mark Kelly wins because he would not wait to be seated with the new Senate, the chair is lost to them. No petition, no calls, no letters, can stop this only the GOP and the prize is too great for them to pass. They will do this, and impact will last 30 or 40 years.
The GOP has ceased using legislation, aside from reconciliation to enact tax cuts, to advance their agenda but instead have more and more become reliant upon the courts to strike down laws and regulations that they wish to see done away with. A prime example of this is the Voting Rights Act. The VRA, originally passed in 1965, was most recently reauthorized in full in 2013 but a 77-19 vote with only 2 GOP Senator voting against it but when the Supreme Court removed key provision the GOP refused to move or even suggest legislative fixes. Unable to repeal the ACA in the legislature they are currently suing to have the Court throw the law out. The foundation of this strategy is conservative jurists with lifetime appointments face no political blowback or cost for enacting conservative agendas. Occasional losses pf the house, Senate, or White House are acceptable trade-offs for this long-term power. It is a pragmatic powerplay and no charge of hypocrisy will stop it. The GOP has been playing the field while saying ‘find a rule to stop me.’
Should the Democrats take back the Senate and the White House there will be pressure to play the same game and at that moment GOP pearls will be clutched, fainting salts administered, and cries ‘I’m shocked, shocked! To Find power politics being played here!’ The GOP will insist with convoluted logic and a deep sudden dread of the future, along with a rediscovered desire to slash spending, that the Democratic Party must adhere to traditions and norms and not make any bold plays to expand their power.
These must be ignored.
What is good for the goose is good for the gander and the Democratic party must not allow itself to become mired in the GOP’s never-ending version of Calvin-ball. Once one side has traded in plastic bats and whiffle balls for Louisville Sluggers and regulation baseballs then it is political malpractice to not move fully to the new contested field.
