The death of Supreme Court Justice Ruth Bader Ginsburg motivated key Washington figures to change their tune on whether or not a Supreme Court vacancy needs to be filled so close to an election, and even the late Justice seems to have reversed herself on the issue. Oh, my.
Ginsburg, whose death was announced Friday, reportedly (which I will never believe) told her granddaughter Clara Spera, “My most fervent wish is that I will not be replaced until a new president is installed.” That desire conforms with Democrats, including their presidential nominee former vice president Joe Biden and Senate minority leader Chuck Schumer, started out giving accolades to Ginsburg ended up warning President Donald Trump that the the replacement nominee for Justice Ginsburg could only be named by the winner of the November presidential election. A bunch of hypocrites.
However, in 2016, when a lame-duck President Barack Obama went ahead and nominated Merrick Garland to replace the late Justice Antonin Scalia, Democratic leaders had no problem whatsoever with it. And neither, it seems, did Justice Ginsburg.
“There’s nothing in the Constitution that says the president stops being the president in his last year,” Ginsburg said in an interview with the New York Times in 2016 where she called for Garland to receive a confirmation vote in the Senate. Thank God McConnell didn’t listen, because we would have had to hand in our guns by now. Garland was an anti Second Amendment as the other leftist disgraces on the Court.
As for whether or not the Senate ought to take up a vote on Garland, Ginsburg said at the time, “That’s their job.”
So, then how come Chuck doesn’t want them to do their job now? Could it be because he’s a soulless political hack?
Senate Majority Leader Mitch McConnell (R-KY) did not move forward on Garland’s nomination, leaving the pick to President Trump, when he won the 2016 election. Trump nominated now Justice Neil Gorsuch, who was confirmed and gave conservatives a 5-4 majority on the High Court. That is until Chief Justice Roberts became a turncoat to the Constitution and began siding with the disgraces on the left side of the Court.
This time, Leader McConnell says he’s willing to give a fair a vote to a nominee from the president, despite the coming election.
Trump and McConnell’s signals that they are moving to fill the seat left open by Ginsburg’s death has made liberal skulls explode, with some Democrats threatening to “pack the court” with Democratic appointees should Biden win. Do they really think threats like that are going to make McConnell change his mind?
The most outrageous part of all of this is that Senator Joe Biden in 1992 started what was later called “the Biden Rule” after he gave a speech saying, “the overall level of bitterness that sadly infects our political system and this presidential campaign already”, and called on then-President George H.W. Bush to “not name a nominee until after the November election” if a vacancy appeared. It was the “Biden Rule” that McConnell indicated when refusing to bring Garland’s nomination up for a vote. Now, Biden himself is pleading with Republicans to violate the Biden Rule and not vote for Trump’s coming nominee.
Now, McConnell points out that you have to go back to 1880 to find when a president nominated someone for the Supreme Court when the Senate was ruled by the opposing party during an election year. The tradition has been that during an election year if the Senate and the White House are run by the same party, it means that the American people decided that party should decide who gets on the court. If the Senate and White House are split between the two parties, then the American people would vote to decide. McConnell is simply sticking to precedence. Precedence only matters to Democrats when it gives them a political win.