Politics & Government

GOP Leaders Wanted This Supreme Court Justice -- Until Obama Nominated Him

Obama's Supreme Court justice nominee is unlikely to even get a hearing.

Not long after President Obama announced his nomination of Merrick Garland to the U.S. Supreme Court, Republican leaders swiftly put their red faces back on and reiterated the promise they made before the man to be replaced, Justice Antonin Scalia, was even buried: they wouldn't consider anyone nominated by President Obama.

What, after all, was to stop a liberal president who's leaving office from trying to push through a Justice Sean Penn?

Wednesday, Obama pulled what for Washington these days was a surprisingly adult move: he nominated a highly-qualified moderate agreeable to both Democrats and Republicans alike, an experienced judge who GOP leaders once proposed themselves as an acceptable choice.

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The only difference now: Obama nominated him.

Before we get into the specifics of what Republican Senators are now arguing, let’s first review the relevant text from the U.S. Constitution about the Supreme Court justice confirmation process.

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"The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law."

With that out of the way, here are five things GOP leaders are saying to explain why they, instead, won't even grant hearings on the President’s nomination.

Sen. Mitch McConnell wants the people, who have spoken, to speak:

The Senate majority leader said Wednesday that he wants to “Give the people a voice in filling this vacancy" and wait nearly an entire year until the next president is elected and sworn in to choose a justice.

The people actually did have a voice in filling Supreme Court vacancies, when they elected President Obama by 126 electoral votes back in November 2012. Obama serves as President and commander in chief until Inauguration Day, Jan 20, 2017.

Sen. Chuck Grassley cites a rule that doesn’t exist:

“Once the political season is under way … action on a Supreme Court nomination must be put off until after the election campaign is over,” Grassley, part of the Senate judiciary committee, said Wednesday. “That is what is fair to the nominee and is central to the process.”

Actually, according to the respected SCOTUSblog, “The historical record does not reveal any instances since at least 1900 of the president failing to nominate and/or the Senate failing to confirm a nominee in a presidential election year because of the impending election.”

Sen. Orrin Hatch actually likes Garland — until he doesn’t:

The President told me several times he’s going to name a moderate, but I don’t believe him,” Hatch told Newsmax in a story published Sunday.

So who would you like to see, Senator Hatch?

“[Obama] could easily name Merrick Garland, who is a fine man,” Hatch said, adding that “He probably won’t do that because this appointment is about the election. So I’m pretty sure he’ll name someone the [liberal Democratic base] wants."

Let’s check in with Hatch following Wednesday’s announcement:

“I stand with the majority of my Senate colleagues in concluding that the best way to exercise our advice-and-consent power is to conduct the confirmation process after the presidential election.”

O.K., then.

Sen. Pat Toomey just comes out and says it:

“Should Merrick Garland be nominated again by the next president, I would be happy to carefully consider his nomination,” Toomey tweeted.

At least the U.S. Sen. from Pennsylvania can admit that it’s all about the president and not the justice himself.

No, you’re not getting away without hearing from Donald Trump:

“I think the next president should make the pick, and I think they shouldn’t go forward, and I believe I’m pretty much in line with what the Republicans are saying,” Trump said on CNN.

Maybe his views are in line with mainstream Republican leadership after all.

Image: Sen. Majority Leader Mitch McConnell

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