Why I Will Not Vote for Lindsey Graham in the 2014 Primary

I have not decided for whom I will vote in the upcoming primary contesting Lindsey Graham’s seat, but it will not be for Sen. Graham.

That he voted to confirm Kagan and Sotomayor , both in the Judiciary Committee and  on the Senate floor, is something I cannot forgive, no matter his excuses and attempts at rationization. Yes, with a Senate Dem majority, confirmations of these two were inevitable, but he could have demonstrated his conservatism —– since he and his supporters claim he is conservative —- by voting NOT to confirm. His vote would not have made a difference in outcome, but would have gained my respect and support.  We are saddled with two radical, left wing SCOTUS judges, not for  2 or 4 or even 10 year terms, but for the rest of their lives, and he is on record as having supported them.

Before the vote on Kagan, I lobbied Sen. Graham as hard (and as respectfully) as I could with letters and phone calls.  Following is Graham’s response to me, no doubt a form letter —-since he was probably getting an earful before the vote —- that may look familiar to others. My entreaties had no effect, and the rest is history.

“ Dear Mr. Schwartz:

“As I have previously stated, Ms. Kagan is not someone I would have chosen, and I do not agree with her legal or judicial philosophy. Her views are well to the left of my views, and if I based my vote on the issues where we disagree, then I could come up with a hundred reasons to vote no.  But, under both the constitutional and historical standards of the Supreme Court confirmations, my vote is not supposed to be based solely on whether I, as a Senator, agree with the nominee,  Elections have consequences, and one of those is that the President is permitted to choose his nominees for the Supreme Court.  No one should be surprised he has now chosen a nominee who reflects his views, and I imagine that in our current political climate anyone this President would have chosen would have been presumed to be unqualified by conservatives because they hold differing political views.

[He then quotes Alexander Hamilton regarding Senate responsibility in advise and consent ---snipped]

“Our great Constitution puts a requirement on me, as a Senator, to not replace my judgment for the President’s.  I am not supposed to think of the 100 reasons I would pick somebody different.  It puts upon me a standard that has stood the test of time:   Is the person qualified? Are they a person of good character?  Are they someone who understands the difference between being a judge and a politician?  In my view, Ms. Kagan passes those tests.

“The role of the Senate in judicial nominations is changing, and I do not see the changes as positive.  The Court is the most fragile of the three branches.  So while it is our responsibility to challenge and scrutinize the Court, it is also our obligation to honor elections, respect elections, and protect the Court.

[Then he goes on to quote Strom Thurmond and Phil Gramm on their views of the Supreme Court viv-a-vis Senate role of advise and consent.  In my opinion, he is trying to hide behind these guys ---snipped]

“My vote for Ms. Kagan does not mean that I am pro-choice, or that I do not respect the constitutional right to bear arms.  I am strongly pro-life, and I believe that the second Amendment is one of our most central freedoms, and the legislation I have supported reflects these values.  I voted for her because I believe the last election had consequences and that this president chose someone who is qualified, who has the experience and knowledge to serve on this Court, and whose views are in the mainstream of liberal philosophy, and who understands the difference between being a judge and a politician.

“We must protect the independence of the judiciary by making sure that hard-fought elections have meaning in terms of their results within our Constitution.  I can assure you we will fight to ensure the same when a Republican is elected President and selects a Supreme Court nominee.

“Does adhering to the constitutional ideal for confirmation of judges mean that the President gets a free pass on all nominees?  Of course not, and I have voted against nominees by both President Obama and President Bush when I believed they were unqualified and did not understand the essential distinction between judicial review and advocacy.  At the end of the day, Ms. Kagan is not someone I would have chosen, but I think under both the constitutional and historical standards of the Senate she should be confirmed.

Sincerely,

Lindsey O. Graham

United States Senator”

I no longer care for the term RINO, a term that my fellow conservatives have pinned on him and on many other Republican politicians. Yes, I have used it in the past, but no longer think it describes the problem with some Republican politicians, so I’ve purged it from my vocabulary.  I prefer to use the term “quisling”, one who claims loyalty to his people but who willingly collaborates with the enemy to secure and maintain his own power and influence.

Sidebar: Sen. McCain, labeled by many conservatives as a RINO, voted AGAINST Sotomayor and Kagan. Look it up for yourself. Many say Graham and McCain are joined at the hip. Well, maybe not so much.

It is wrong and unfair to label Graham as a progressive; he is misguided in many of his own policies and actions, and has lost his conservative way. And he has done things —- his votes for Kagan and Sotomayor are just examples—- of collaborating not merely compromising. The real progressives — most Democrats in government today —- are no longer the “loyal opposition” —- they are the enemy. If Republican leaders don’t start behaving and acting like they are the enemy, we are doomed.  Fortunately, a few are and I salute them.

So, I absolutely cannot vote for Sen. Graham in the primary. If he wins the primary, which seems likely because he has the money and name recognition, I  will definitely vote for him in the general, and I will energetically urge everyone I know to do the same. Why? Because we MUST secure a R majority in the Senate to stop Obama’s agenda. Staying home on election day to make some “statement of principle” for ideological reasons is idiotic and destructive to America. That’s why Obama is sitting in his second term. There, I said it.

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