On the contrary, of the thirty-five Supreme Court nominations that have failed, only twelve received a vote on the floor. Two of John Tyler's nominations were tabled for almost a year.bear2be2 said:There is no precedent one can point to for McConnell's decision to ignore a duly appointed supreme court nominee without so much as a vote on the senate floor. The only thing anyone can throw out there is the so-called Biden Rule, which was never actually tested ... and which McConnell/the Republicans have refused to make official senate policy.Sam Lowry said:I know you're genuinely concerned about fairness and the Constitution, but I couldn't disagree more with this post. McConnell didn't change anything. In these circumstances it has always been difficult for a president to appoint a justice when his party didn't control the Senate. When they do control the Senate, it's a completely different matter. Like it or not, the Republicans are acting consistently and according to precedent.bear2be2 said:The constitution was interpreted the same way on this issue from its ratification in 1788 until Mitch McConnell unilaterally decided to change it in 2016. To pretend or suggest otherwise is willful ignorance.FWBear said:bear2be2 said:Bull**** . He was never presented. The constitutional process was not followed and you guys know it. You just don't care.BornAgain said:
The Senate must not have approved of his selection. So the nomination wasn't presented. It's that simple
Having a hissy fit doesn't change that the Constitution doesn't say whatever you think it says.
If the Republicans had voted and chosen not to confirm Garland, which they had the votes to do, it would have been one thing. Still wrong IMO, given that he was both duly appointed and extremely well qualified, but it would have been consistent with the senate's constitutional duties. To ignore the appointment entirely as though it never happened with eight months remaining in a sitting president's term and leave the court short a justice for more than a year was an unprecedented (and IMO chicken****) move by a chicken**** politician who has done as much as anyone in either house of congress to create the toxic partisan climate that has paralyzed and essentially delegitimized our legislature.
So while, yes, it is always difficult for a president to appoint a justice without control of the senate, we have never seen a senate majority leader act as childishly as McConnell did in 2016 -- a move that is all but guaranteed to make an overt hypocrite of him and his fellow Republican partisans.
And if you look at the confirmation vote tallies of justices before and after the Merrick Garland incident, I don't see any way one can conclude that McConnell's actions in 2016 have done anything but further partisanize the supreme court appointment process -- a development that will have devastating consequences for this country.
There is one course of action that would be truly unprecedented, and it happens to be the very one that Democrats are insisting on. Never in our history has a president simply refused to fill a seat when his party controlled the Senate.