September 21, 2020

CHARLES LIPSON: Ginsburg’s Death and the Dangerous Politics Ahead.

The Democrats’ immediate demand is for Ginsburg’s seat to be left vacant until a new Senate and president can fill it. Senate Minority Leader Chuck Schumer made that demand Friday night, shortly after Ginsburg’s death was announced. All other Democrats will follow. They will pointedly add that the Republicans, who controlled in the Senate in 2016, refused to give Merrick Garland a hearing or vote after President Obama nominated him to fill Scalia’s seat. Republicans said then that nine months was too close to the election. It would be grossly unfair, Democrats say, for those same Republicans to move forward with their own nomination now.

McConnell has already rejected that argument, promising to fill every vacancy on every federal court during the current Congress. He is saying that the current situation is different since the presidency and Senate are now controlled by the same party. He will quote Democrats’ statements in 2016, when they insisted on voting immediately to fill the Supreme Court vacancy.

All of them are hypocrites. They have flipped their positions, and their justifications (then and now) are nothing more than cloaks for political advantage. They don’t care about consistency or even logic. They are fighting to win control of the Supreme Court and defeat the other side in November. They will say whatever helps their cause and hope voters forget whatever they said last time.

That last part will be pretty easy with the Infotainment industry providing 24/7 air cover.

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