Tues 7/3: The Supreme Court fight of our lives. (What happens now & 3 actions.)

(Condensed from Indivisible.org with notes from Indivisible Ventura)

The 2-Step Strategy to Win the Supreme Court Fight

If Trump successfully installs an extreme justice to fill that seat, the Court will rubber stamp the Trump agenda for a generation to come. Trump wants to put a hard-right conservative in this seat: he’s already put out a “short list” of 25 possible picks, and every single one is an extremist. This puts settled rights like abortion, marriage equality, and health care back under threat.

Here’s what we can and can’t do in response to this vacancy, and how we could win. (Actions you can take at bottom.)

2. Take back the Senate. If we accomplish that first step, that will extend the fight past November. But that’s not enough. In order to actually win this fight, we have to retake the Senate, otherwise Trump will just appoint an extremist after the election. Democrats need to hold all of their seats and PICK UP TWO MORE SEATS. There are 5 pickup opportunities this year:

What to expect in the Senate

Under the Constitution, the Senate must confirm all nominees to the Supreme Court. In practice, this means that once Trump has nominated someone to fill the Kennedy vacancy, the nominee has to have a hearing and a confirmation vote in the Senate Judiciary Committee, then another confirmation vote in the full Senate (which now requires a simple majority of Senators to vote “yes” to confirm).  

The hard truth: There is no longer a procedural tool to stop this.

The last time there was a vacancy on the Supreme Court, it was after Justice Scalia passed away and Mitch McConnell used an unprecedented level of obstruction to keep President Obama’s nominee, Merrick Garland, from so much as having a hearing in the Senate. This kept the seat vacant for over a year, until Trump became president and nominated Neil Gorsuch.

Up until that point, Senate rules required Supreme Court nominees to get 60 votes to be confirmed to the bench. But McConnell didn’t have 60 votes—so he changed the rules, using the so-called “nuclear option,” so that nominees required only a majority. That is still the Senate’s rule today. And because there are currently 51 Republican Senators, that means they have the votes to confirm Trump’s nominee. Unless we stop them.

The 2-step strategy.

The only way we can defeat Trump’s nominee is to:

1. Get to 51 votes. To start, we need 49 “no” votes from EVERY SINGLE SENATE DEMOCRAT to have a fighting chance. That means we need Minority Leader Schumer whipping as hard as he can and as long as he can to keep his caucus in line. And it means we need the three Democratic Senators who voted for Justice Gorsuch—Senators Manchin (WV), Heitkamp (ND), and Donnelly (IN) to stand with us this time. If we lose any of these Dems, we will lose.

That gets us to 49. To get to 51, we need a couple Republican Senators. The two most logical targets are Senators Collins (ME) and Murkowski (AK). This nomination has extraordinary implications for Roe v. Wade and reproductive rights—and both of these Senators are pro-choice, with a history of bucking their party to stand up for women’s health. They would deal a devastating blow to women everywhere if they supported any of Trump’s nominees.

  • Defeat Ted Cruz (Texas)
  • Defeat Dean Heller (Nevada)
  • Defeat Cindy Hyde-Smith (Mississippi)
  • Replace retiring Republican Bob Corker (Tennessee)
  • Replace retiring Republican Jeff Flake (Arizona)

Indivisible Ventura:

  • Since none of them are from our state, we will be hosting postcard parties, phone and text banking to support their opposition
  • We will aid nearby areas with canvassing, and voter registration events  to help in-state opposition to harmful candidates.
  • We will participate in events in support for our local candidates and to turn out the vote. Stay tuned to our events page for more information.

Executing the 2-step strategy from your home town.

Step 1: How to help get us all to 51 votes…

Call your senator! Everybody has a unique role to play—your “ask” is different depending on what kind of Senators you have:

  • Got a Democratic Senator? Tell your Senator to commit immediately to opposing anyone that Trump nominates from his short list. Each and every pick on that list is an extremist who would dismantle our health care and the right to choose. We don’t need to wait to hear who the nominee is—Trump has already put out a list he will choose from, and the entire list is unacceptable.
  • Got a Republican Senator? The ‘ask’ is the EXACT SAME as for Democrats. Republican Senator Murkowski (Alaska) has already encouraged Trump to look beyond his list of extremists—so you’re not asking them to do something that a Republican hasn’t already done.

Be patriotic this July 4th recess! A year ago during July 4th recess, Susan Collins (R-Maine) was pressured by Indivisibles at a July 4th parade on the Affordable Care Act. She went on to vote against TrumpCare. July 4th recess is a GREAT opportunity to confront your Senators and demand they represent you. It’s a rare time when Senators are actually back home—you’ll find them at a parade in your state. The July 4th recess will run from June 29 until July 9, so take advantage of this opportunity.

Hometown events will be hosted by local businesses or nonpartisan organizations — groups that don’t want controversy or to alienate the community. Reach out to them directly to express your concern that they are giving a platform to pro-Trump authoritarianism, racism, and corruption. If they persist, use social media to express your disappointment. This will reduce the likelihood that these organizations will host the Trump-friendly MoC in the future. MoCs depend on invitations like these to build ties and raise their visibility — so this matters to them.

Step 2: We retake the Senate

We need  people power to retake the Senate—not just in November, but NOW. Money doesn’t win elections—people do. There are hundreds of Indivisible groups throughout our five target states—Arizona, Mississippi, Nevada, Texas, and Tennessee. They’ve been working their butts off and we need to lend them a hand. If you’re in those states—great! Keep it up. If you don’t live in those 5 states, we need you to pitch in.

So what can you do from where you live? Indivisible is going to be running a GINORMOUS phonebank for out-of-state volunteers to help flip these seats and retake the senate. We absolutely cannot wait until November to start helping in these races—if we want to win, we have to get moving.

Are these tough? Yes. Are they impossible? No—we’ve got a chance. And we just need 2 of them.  If we do the work now – if we phone bank, knock on doors, and send texts to voters—we can retake the Senate and stop confirmations of bad judges for the rest of Trump’s term.

Flip these seats!

Action #1:

INDIVISIBLE NATIONAL needs you to sign up NOW. The Indivisibles in these states need your help—sign up here to start phonebanking to help retake the Senate.

Action #2:

Minimal Script: I’m calling from [zip code] and I want Senator [___] to do whatever is necessary to prevent the empty Supreme Court seat from being filled with anyone who doesn’t support a woman’s right to choose, the Afforable Care Act, marriage equality, the protection of the environment and workers’ rights to organize.

Senator Feinstein: DC (202) 224-3841, LA (310) 914-7300, SF (415) 393-0707, SD (619) 231-9712, Fresno (559) 485-7430
and Senator Harris: DC (202) 224-3553, LA (213) 894-5000, SAC (916) 448-2787, Fresno (559) 497-5109, SF (415) 355-9041, SD (619) 239-3884
Other Contacts:http://www.phoneyourrep.com

Action #3

Donate!  Sign up here for as little as $1/month! 

DT started fundraising for his reelection campaign the day he was inaugurated. He’s already got $20 million in the bank. Most of us don’t have much money lying around, but THERE ARE A LOT OF US!

Enter Dump Trump. Just launched on Friday and headed up by the It Starts Today team, it’s crowdfunding for a better democracy. Every single dollar you donate will go to the 2020 Democratic nominee. And with the power of our numbers, we have the capacity to blow him out of the water. Honestly, if just 1% of the people who voted against Donald Trump in 2016 donated $5/month, our candidate would have over $100 million dollars to fight with.




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