By JOHN KANELIS / johnkanelis_92@hotmail.com
“My most fervent wish is that I will not be replaced until a new president is installed.”
So it was stated by the late U.S. Supreme Court Justice Ruth Bader Ginsburg in a note she dictated to her granddaughter just a few days before her death.
I am saddened beyond measure to hear of Justice Ginsburg’s death. It was not a surprise, given her lengthy bout with cancer. However, her passing now sets up a political battle the likes of which we have seen.
I am having trouble wrapping my noggin around all the ramifications. To wit:
- Senate Majority Leader Mitch McConnell says Donald Trump will be able to get a Senate vote on the person he nominates to succeed Ginsburg. But wait! He said the opposite in 2016 when Justice Antonin Scalia died. President Obama wouldn’t get a Senate hearing on who selected in an election year. The vacancy was held for more than 400 days. We have 46 days until the next election this time.
- Does the Senate leader have the chops to hold the GOP caucus together? One Republican senator, Lisa Murkowski of Alaska, has said already the process should wait. And what about the handful of GOP senators who are set to lose their re-election bids this fall? Do they vote on a nomination in a lame-duck congressional session? Is it right for them to vote, then leave office only to have the next SCOTUS justice getting a lifetime job?
- How does McConnell justify the hypocrisy of denying one president the chance to select a justice while fast-tracking another president’s selection?
I have declared my belief in presidential prerogative. I have stated that presidents have the right to nominate their court choices. Were I to stand firmly on that principle, then Donald Trump deserves to nominate a SCOTUS justice just as much as Barack Obama did.
However, I cannot swallow the hypocrisy that Mitch McConnell exhibited in 2016 by denying Merrick Garland a hearing and a vote to succeed Antonin Scalia on the high court. McConnell squandered any moral authority on this issue.
So, I want to echo the wish expressed by Justice Ginsburg as her life slipped away from her.
Let us conduct a presidential election and then swear in the president before proceeding with a nomination battle for the Supreme Court. If the stars align properly, that president will be Joseph Robinette Biden Jr.