It Is Constitutional But Is It Right?

Many Americans are bemoaning the inconsistent standard that President Trump, Mitch McConnell, and the Senate Republicans are displaying when it comes to the nomination of a Supreme Court justice because we are so close to a presidential election.

It is certainly inconsistent but perfectly constitutional. Trump has the right to propose a nominee for the vacancy that was created by Justice Ginsberg’s death. The Senate has a duty to act upon the nomination. There is nothing in the Constitution or in those pliable Senate rules that prevent Supreme Court nominations or confirmations this close to an election.

The same thing that applies now also applied back in 2016 when President Obama nominated Merrick Garland to the court to replace Justice Scalia. At that time, McConnell and the Republican senators spouted some nonsense about the American people needing to have a voice. Scalia died in February of 2016, nearly 11 months before the election, not when people were already voting as they are now. That was pure politics on the part of the Republicans. It had nothing to do with the Constitution.

What is so hypocritical of McConnell and his caucus is the complete lack of shame that they exhibit. Their lack of philosophical or ethical precepts should bother us. It is as though anything Republican senators have claimed to stand for are lies. Their governing philosophy is to remain in power not to put forth a cogent argument for the exercise of that power.