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How #GoldRush2018 Could Save the Supreme Court

Electing Libertarians to the Senate is the best way to depoliticize our Supreme Court.

By John Keller | USA

Following the retirement of SCOTUS Justice Anthony Kennedy, the Republicans and the Democrats are locked in a battle of wills over who will be the nominee to fill Kennedy’s seat. The current partisan makeup of the Senate is 51-49, with the Republicans having the narrow majority. Mitch McConnell and head Republicans went “nuclear” in 2017, changing the votes required for nomination of a Justice from 60 to a simple majority, in order to get Neil Gorsuch on the Supreme Court. These new rules allows for hyper partisan justices who are favored by the majority party in the Senate to be nominated.

The Republican Party may be waiting to nominate a Justice until the midterm elections this November in order to use the nomination process as a political weapon to get people out and vote Republican. The Republicans used a similar tactic in 2016, blocking President Obama’s nomination, Merrick Garland, for 293 days until President Trump could nominate Neil Gorsuch.

Voting Libertarian could save the Supreme Court from extreme partisanship. Should just two Libertarians be elected to the Senate, a 49-49-2 composition of parties would be created in the Senate, preventing any nomination that would be decided based on ideological differences and party politics. It would also allow for a return to nominating a Justice who would base their rulings on the constitution, rather than partisanship, just as Justice Anthony Kennedy had done. Justice Kennedy was a swing voter on the court, meaning he didn’t use his ideology as a basis for his rulings, but rather the Constitution.

This upcoming election could be critical in determining if the United States will have a partisan court or a non-partisan court that chooses to prioritize the Constitution rather than political opinion in its rulings. Two options can save the court: voting for Libertarians, such as Matt Waters (L-VA), or by “denuclearizing” the Senate and justices are confirmed. “Denuclearization” would mean a return to requiring sixty votes to confirm a Supreme Court Justice – a change that won’t come voting Republican or Democrat. Only the introduction of a third party to the Senate can prevent a partisan Supreme Court and begin the process of “denuclearizing” the Supreme Court Justice nomination process.


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