Abraham Lincoln's Supreme Court

Watching the Vice-Presidential debate, I noted Kamala Harris' comments regarding Abraham Lincoln.  She stated that in 1861, Mr. Lincoln advised he would defer a nomination for an empty seat on the Supreme Court until after the impending election.  Putting words in Mr. Lincolns' mouth, according to Ms. Harris  “Honest Abe said, it’s not the right thing to do” and wanted the people to vote first. 

I was puzzled by her statement.  Firstly in 1861 Mr. Lincoln was newly elected to his first term.  There was no "impending election" in 1861.  November 6, 1860 was the date of the previous election.  The next election cycle would not occur until November 8, 1864.  Rather, I am sure she is referring to the vacant seat of Chief Justice Roger B. Taney.  Justice Taney died October 12th, 1864.  

I would like to think if Ms. Harris had done the research herself she would be familiar with these dates.  I suspect someone on her staff provided this as a "talking point", in an attempt to cast a negative light on President Trump.  Implying he is acting in some immoral or unethical way in filling a vacant seat at the end of his term.

It's mentionable that Chief Justice Taney was the author of the infamous Dred Scott decision.  The opinion written by him states that black people "are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States."

One would think that Mr. Lincoln would be eager to fill that vacant seat with a Justice more inclined towards his own policies.  The US was still embroiled in the Civil War, slavery was a very heated topic of the day.

However, according to the website which details the history of Congressional sessions, (https://history.house.gov/Institution/Session-Dates/30-39/) Congress was not in session from July 5, 1864 until December 5th, 1864.  Therefore, President Lincoln was unable to submit any nomination to Congress at the time of Justice Taney's death.  On December 5th President Lincoln nominated his former Secretary of State, Salmon Chase.  The first opportunity Mr. Lincoln had, his nomination was submitted, and Justice Chase was confirmed that very day.  The shortest confirmation in history.

This information, again, shows someone did not do their research regarding the talking point.  It shows a subversive attempt to rewrite history to match the narrative the Progressive Left want us to believe.  This is a perfect example of the selective editing Vice-President Pence accused Ms. Harris of.

Of further note regarding the Supreme Court in Mr. Lincolns' time, was the fear the court was attempting to legislate, rather than interpret the law.  In his own first Inaugural Address President Lincoln stated: I do not forget the position assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding in any case, upon the parties to a suit; as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be over-ruled, and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink, to decide cases properly brought before them; and it is no fault of theirs if others seek to turn their decisions to political purposes.

In our current era, that same issue is prevalent.  The Progressive Left are Federalists.  They want the Court to be another Legislative branch.  They worry over the potential reversal of Roe V Wade if more conservative justices are appointed to the court.  This is their justification for "packing the court".  They would appoint more Justices to ensure a Liberal bias in the Court.  What they don't want to admit is that a reversal of Roe V Wade would not make abortion illegal.  It would simply allow each state to make it's own laws regarding abortion.  The Left would have you believe the rights every citizen enjoys are at the behest of the Federal Government.  However, the 10th Amendment states clearly, those rights are at the behest of each State's government.  

Don't buy the rhetoric, research and study on your own.  Find the facts and judge for yourself.  Be fearless and make your own choices, rather than believe the misrepresentations dished up for your consumption.