Wilson: Taking last chance to say go vote

There was a time when I never thought I’d say this, but this is the last time I’m penning a column before the 2016 election. I have thoughts on what will happen based on the data, but Tuesday is about the people. Some things will surprise me, but I don’t think anything’s off the table.

But as sure as I am about the voters deciding on Tuesday, I don’t know if they’ll get their say.

Tuesday will mark 269 days since Justice Antonin Scalia died. It will also mark 237 days since President Obama fulfilled his Constitutional duty and nominated Merrick Garland to the bench.

There have been no votes, no hearings.

Republicans have stated “let the voters decide,” ignoring A) voters decided on Obama back in 2012, and B) presidents serve four-year terms.

Senate Republicans haven’t hidden their motives:

• Prior to the nomination, Utah Sen. Orrin Hatch said Obama, “could easily name Merrick Garland, who is a fine man. He probably won’t do that because this appointment is about the election.” About that, Orrin ...

• In August, Senate Judiciary Chairman Chuck Grassley told the Sioux City (Iowa) Globe Gazette the blockade, “had nothing to do with Garland.”

Republicans also revived the 1992 “Biden Rule,” and show you a cropped speech where the current vice president argues not to confirm justices in the throes of an election year.

But the Biden Rule relies on misquoting Biden. An uncropped speech shows you Biden speaking to the specific possibility a Supreme Court judge — anticipating a change of party in the White House — quickly retires late in an election year so a new justice of the same mindset can be confirmed. That didn’t happen. Scalia died, with 11 months for the Senate to do its job.

The data points to Hillary Clinton being elected on Tuesday, and now it’s going from, “Let the voters decide,” to, “Let the voters elect a Republican president, and then we’ll talk.” The Heritage Foundation is calling for a blockade of any Clinton nomination, and numerous senators are on board with it.

If senators follow suit, they’re not doing their job, and they’re not following the law. The Judiciary Act of 1869 states, “The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.” It doesn’t say, “Eight is fine if you’re displeased with an election.” Whenever the court has been below or above nine justices, it was authorized through an amended act (1789, 1801, 1802, 1807, 1837 and 1863). Nothing is stopping Republicans from sending an amended judiciary act through Congress.

Voters have four options:

• Give the presidency, and a Republican Senate, to Donald Trump.

• Elect Trump, but give Democrats the Senate (and their own chance to block nominees).

• Elect Clinton, but let the Republicans keep the Senate and a blockade.

• Give the presidency, and a Democratic Senate, to Clinton.

The data says one of these is more likely than the rest.

But the data doesn’t decide; you do. So I tell you, thankfully for the last time this year, go vote.

Kevin Wilson is managing editor for the Clovis News Journal. He can be contacted at 575-763-3431, ext. 320, or by email:

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