https://thehill.com/opinion/judiciary/412683-president-democrats-should-seal-a-deal-trade-the-wall-for-merrick-garland
Donald Trump has won big with Supreme Court Justices Neil Gorsuch and Brett Kavanaugh. He also is leaving his imprint on the lower courts. These results are paying real-world political dividends, as Republicans appear poised to keep control of the Senate. This is the moment for President Trump to win big with “The Wall” along our southern border.
Yet, with Democrats about to take control of the House, the wall will likely be as real as Merrick Garland on the Supreme Court, without some Democratic support.
President Trump should start thinking about making a deal, and the next Supreme Court seat vacated by a liberal justice may be just the pressure point. How about offering assurances to Senate Democrats that Judge Garland, the stalled Supreme Court nominee of the Obama administration, would fill the next seat vacated by a liberal justice, in return for full funding of a “big and beautiful wall”?
The last time the wall was part of a possible deal, the price was DACA, and ultimately the GOP and White House balked. But offering to trade the wall for Merrick Garland, with a Supreme Court firmly in conservative control, leaves the Trump political base with little to lose.
In fact, the House Republicans’ Freedom Caucus would have plenty to cheer about. Rank-and-file Republicans could sleep easier at night knowing that the southern border was safer. Like the president, Senate Republicans have some room to give, and the president could smile because he didn’t have to give anything on immigration to get the wall.
As for the 2020 re-election, such a trade would highlight Trump’s political deal-making prowess, and show him to be capable of compromise. For Independents, that could ease doubts about the president’s capacity to govern effectively. It could increase Trump’s chances of getting their votes and, in so doing, of maybe winning the popular vote.
To be sure, the Federalist Society may oppose this proposal. But the Federalists would still get to name every other appointment to the federal bench while Trump remains as president. And, lest anyone forget, Trump’s brand is on the ballot, not theirs.
So, how might congressional Democrats react?