Republicans hope to take back the Senate majority in the midterm elections this fall, and if that were to happen, McConnell had already signaled last summer that he would likely block any attempt by Biden to nominate judges to an open Supreme Court seat.
McConnell’s position does not have precedent, despite his claim to be an institutionalist. It is a rule he created for himself over the last few years, as he engaged in a series of power plays that ratcheted up partisan tensions in the Congress.
In other words, there is no 60-vote supermajority requirement to confirm a judge to the federal bench, as there is to pass legislation. “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president,” McConnellObama nominated Merrick Garland to the Supreme Court, and McConnell was true to his word. Garland was never given a hearing before the Senate Judiciary Committee.
And then, in September 2020, Justice Ruth Bader Ginsberg, a liberal, died at 87. Under McConnell’s rationale for blocking the Garland nomination in 2016, he would have left the seat open and allowed “the American people” to “have a voice in the selection.”. “President Trump’s nominee will receive a vote on the floor of the United States Senate,” he said.
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