GOP Supreme Court Hypocrisy Will Have Huge Consequences

The GOP attempts to deny the obvious hypocrisy in Supreme Court fight but as they march toward a possible vote ahead of the election that would confirm a nominee from President Trump to replace Justice Ruth Bader Ginsburg on the Supreme Court.

Democrats have howled that it would be the height of hypocrisy for Republicans to confirm a Trump nominee weeks before an election after they refused to hold even a hearing for Merrick Garland, President Obama’s nominee, after conservative Justice Antonin Scalia died on Feb. 13, 2016.

The hypocricy of @senatemajldr, @tedcruz, @marcorubio, @ChuckGrassley, @JohnCornyn is disgusting!


Republicans are brushing back charges of hypocrisy as they march toward a possible vote ahead of the election that would confirm a nominee from President Trump to replace Justice Ruth Bader Ginsburg on the Supreme Court.

Democrats have howled that it would be the height of hypocrisy for Republicans to confirm a Trump nominee weeks before an election after they refused to hold even a hearing for Merrick Garland, President Obama’s nominee, after conservative Justice Antonin Scalia died on Feb. 13, 2016.

Two GOP senators, Susan Collins of Maine and Lisa Murkowski of Alaska, have said they do not think the Senate should vote on a nominee before the election, saying a standard was set when Garland was blocked by Republicans.  

But Senate Majority Leader Mitch McConnell (R-Ky.) argues this time is different because it is a Republican president in the White House and the GOP holds the Senate. In 2016, McConnell says, it was appropriate to block Garland because the GOP held the Senate and a Democrat held the White House.

Republicans appear to be getting behind McConnell for the most part. Sen. Lindsey Graham (R-S.C.), the chairman of the Senate Judiciary Committee, once said he would oppose such a move and encouraged people to use his words against him if he changed his position. Over the weekend, he signaled support for replacing Ginsburg quickly with a Trump nominee.

Questioned aggressively by Fox News’s Chris Wallace on “Fox News Sunday” over whether Republicans were being hypocritical on the issue, Sen. Tom Cotton (R-Ark.) held his ground.

Wallace played video of comments by Cotton in 2016 arguing it would be wrong for the Senate to vote on a replacement for Scalia before the presidential election.

“Why would we squelch the voice of the people? Why would we deny the voters a chance to weigh in on the makeup of the Supreme Court?” Cotton said on the Senate floor in 2016.

“You don’t see any hypocrisy between that position then and this position now?” Wallace asked.

“Chris, the Senate majority is performing our constitutional duty and fulfilling the mandate that the voters gave us,” Cotton responded.

Democrats say McConnell’s logic is tortured and warn it will lead to an escalating series of events if they control the White House and Senate after the election. Some Democratic lawmakers are already calling for nixing the legislative filibuster and expanding the Supreme Court next year if they are in the majority as retaliation if the GOP confirms a third nominee for Trump. 

“Mitch McConnell wouldn’t give president Obama’s nominee, Merrick Garland, a hearing 10 months before the presidential election, and that meant that we went a long time with eight judges on the court,” he added.

The charges of hypocrisy are the latest entry in an increasingly toxic, years-long feud between the two parties over the courts.

Full story in The Hill

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