Liberals Lose It When McConnell Admits He Would Fill a SCOTUS Vacancy During Pandemic Crisis

A leftist writer for The Daily Beast (is there any other kind there?) on Friday reacted to the scuttlebutt that President Donald Trump had nominated a younger, 37-year-old former clerk for Supreme Court Justice Brett M. Kavanaugh for a position on the US Court of Appeals for the District of Columbia Circuit by whining, “Is there any doubt that if a Supreme Court vacancy opened up right now McConnell wouldn’t rush to fill it?”

Apparently, Stein thinks that because of the DTMNBN-19 crisis that has torn at the nation, Senate Majority Leader Mitch McConnell ought to forgo filling a Supreme Court vacancy if one just happens to open up.

Seung Min Kim of the Washington Post had a response for Stein that everyone who knows McConnell’s history of pushing ahead on judicial appointments, knew was coming, tweeting, “No. He told me in the interview that he would.”

Kim wrote in an article for the Post that was published on Friday:

In the interview with The Post this week, McConnell said the Senate Republican majority’s commitment to confirming judges is unchanged despite a congressional calendar made uncertain by the coronavirus pandemic, preventing senators from holding confirmation hearings and casting votes …

“This Congress goes on until Dec. 31, and we intend to confirm all of the judges that are sent up to us this year,” McConnell said. He also reiterated his promise that he would fill a Supreme Court vacancy this year, should there be one, a reversal from his argument in 2016 that a seat should remain open until the voters decide in the presidential election.

The argument there being that the American people in an election year should get to decide who will serve on the Supreme Court.  For decades it’s been known as The Biden Rule, as Joe Biden once argued that for the last 18 months (year and a half) of George H W Bush’s term in the White House, the Senate should not entertain a Supreme Court nomination should one come up, because the voters should decide.  It was bullschtein then and it hasn’t improved with age.

Well, the Constitution says that an elected president has the power to nominate someone to the courts, including the US Supreme Court.  It say nothing about election years, and besides, during an election year, the president is still the president, and his Article II powers to nominate are as valid as ever.  Democrats are just angry that Trump is appointing Constitutional judges who care more about upholding and defending the Constitution than an ideology.

When McConnell argued for the Biden Rule, he was going along with a Senate tradition at that point in time.  However, President Barack Obama nominated Merrick Garland to replace Justice Antonin Scalia, in an election year, meaning Obama and every Democrat in the Senate disregarded the Biden Rule.  That’s because Democrats always figure that rules are for suckers.  McConnell now figures, and rightly so, that he has the right to disregard the so-called Biden rule as well. The problem that leftists have is that they’re not getting their way.  On top of that, they completely ignore the fact that Obama said screw you to the Biden rule in his last year in office.  They act like President Trump would be the first one to nominate someone in an election year.

The New York Times reported on March 16 that McConnell has led the effort to persuade conservative judges who are eligible to retire to go ahead and retire while the Republicans hold the Senate and the White House. The Times wrote:

Senator Mitch McConnell, Republican of Kentucky, who has used his position as majority leader to build a judicial confirmation juggernaut for President Trump over the past three years, has been personally reaching out to judges to sound them out on their plans and assure them that they would have a worthy successor if they gave up their seats soon, according to multiple people with knowledge of his actions.

These leftists are upset that the US Senate would actually do its Constitutional duty by providing Advice and Consent for a nominee for the Supreme Court if the president put one forward.  Next time, they should let us know when the Vatican elects Catholic as Pope.

McConnell spoke with radio host Hugh Hewitt on Tuesday. Hewitt inquired,”I’ve never done an interview with you without bringing up judges. So you’ve got a 5th Circuit nominee yesterday. When the Senate comes back, will you be acting on judges? And part two, have you heard anything about any retirements from the Supreme Court?”

McConnell answered, “I’ve heard nothing about any retirements at the Supreme Court, but of course, we will go back to judges. You know, Hugh, you and I have talked about this before. My motto for the rest of the year is ‘leave no vacancy behind’.”

Buzzfeed News noted, “One potential hiccup in Republicans’ effort to keep confirming judges as the coronavirus outbreak continues is that hearings for nominees usually involve in-person sworn testimony and that the committee itself has to meet to vote. Social distancing and travel restrictions could complicate that process.”

Dream on, Buzzfeed.  McConnell will find a way.

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