Boyd Matheson: The SCOTUS case for Sen. Mike Lee

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Boyd Matheson: The SCOTUS case for Sen. Mike Lee

By Boyd Matheson

For the Deseret News

Published: Jan. 23, 2017 10:25 a.m.

Updated: 7 hours ago

Prior to the November election, Sen. Mike Lee’s name appeared on an expanded list of potential Supreme Court justices from then-presidential nominee Donald Trump. Most saw Lee’s inclusion as a tip of the cap to conservatives from a candidate who desperately needed the conservative base of the party to show up and vote.

Since then, most of the attention on Trump’s SCOTUS picks has focused on other candidates. Now that the time for nominating a replacement to Justice Antonin Scalia is steamrolling toward the new administration, Lee’s name has re-emerged as a serious contender for the spot on the nation’s highest court.

Last weekend, Townhall ran an article by Robert Morris that highlighted the potential appointment of Lee as a way to block Sen. Chuck Schumer’s political tactics. His theory is that Schumer simply couldn’t fight eight Cabinet nominations and a Lee nomination at the same time. Morris also noted Lee’s pro-life stance, friendly demeanor and steely determination as additional reasons for him to be appointed.

While all of Morris’ points are valid, they miss many substantial and significant reasons why Lee merits serious consideration. If someone were making a case for his nomination, it should not only hit the obvious political lines but also on the unique personal components of his character and talent.

The political case

Lee’s appointment would demonstrate magnanimity by President Trump. Selecting a non-supporter or opponent would send a significant message.

The nomination would help unify the Republican Party. It would also validate citizens who were reluctant Trump voters. A large bloc of voters, particularly in the West, cast their vote for Trump solely on the possibility of preserving the balance of the Supreme Court. With Lee on the Supreme Court, Trump could actually build some solidarity with conservatives while creating momentum for what will be a vital midterm election for his administration in 2018.

For the fledgling Trump administration, eager to roll out its agenda, a Lee confirmation would also remove an independent and principled member from the Senate who isn’t easily intimidated, is willing to stand alone when he feels it is right, cares little about being popular, and cares even less about preserving the political status quo. Such independent and principled members are wild cards that could cause some uncertainty, especially with the Senate divided 48-52, for an administration that can’t afford a slow start.

Lee is young and could influence the court for decades to come.

The most important facet to the political case for a Mike Lee Supreme Court appointment is that he is likely the most conservative nominee who could ultimately be confirmed by the Senate.

The personal case

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http://www.deseretnews.com/article/865671645/Boyd-Matheson-The-SCOTUS-case-for-Sen-Mike-Lee.html

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The downside:

Removes one of the few senators (of either stripe) who have their own spine.