Editorials

The U.S. Senate’s shameful hypocrisy

The Associated Press first reported Supreme Court Justice Ruth Bader Ginsburg’s death at 7:32 p.m. Eastern Standard Time. Less than two hours later, Senate Majority Leader Mitch McConnell released a statement that the Senate would hold a confirmation vote for Trump’s nominee to replace her.

Less. Than. Two. Hours. In that amount of time, Ginsburg’s body wouldn’t even have been cold yet. And there’s McConnell, pushing partisan politics with all the empathy and grace of a splinter. And Trump may announce his nominee before Ginsburg is even laid to rest.

What makes McConnell’s disgraceful performance even more dumbfounding is the sheer hypocrisy. So in honor of the Senate’s current disgusting display of blatantly partisan politics, here’s a very short list of how they felt in 2016 versus how they feel now. The following quotes are from PBS’ NewsHour.

McConnell, 2016: “Rarely does a Supreme Court vacancy occur in the final year of a presidential term … Given that we are in the midst of the presidential election process, we believe that the American people should seize the opportunity to weigh in.” 2020: “President Trump’s nominee will receive a vote on the floor of the United States Senate.”

Sen. Lindsey Graham, who will oversee the vetting of the nomination as Senate Judiciary Committee chairman, 2016: “I strongly support giving the American people a voice in choosing the next Supreme Court nominee by electing a new president. I hope all Americans understand how important their vote is when it comes to picking a new Supreme Court justice.” 2018: “If an opening comes in the last year of President Trump’s term, and the primary process has started, we’ll wait until the next election.” 2020: “I will support President @realDonaldTrump in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg.”

Sen. Shelley Moore Capito, 2016: “Before a Supreme Court justice is confirmed to a lifetime position on the bench, West Virginians and the American people should have the ability to weigh in at the ballot box this November. My position does not change with the naming of a nominee today.” 2020: “President Trump and the Republican Senate, both elected by the American people, should act to fill the Supreme Court vacancy left by Justice Ginsburg’s passing. … I support the choice to move forward with the confirmation process ….”

In addition to these three, at least 16 other Republican senators flip-flopped on the record between 2016 and now. We acknowledge many Democrats have also switched positions since 2016, but there’s a major difference between then and now. In 2016, there were still eight months before Election Day when Obama nominated Merrick Garland and the Senate refused to hold hearings. In 2020, the Senate will try to ram a nominee through in about six weeks.

Is this hypocrisy borne of desperation and fear? Trump trails Biden in most polls; Senate Republicans are defending 23 seats this election. McConnell may cite the Republican majority after the 2016 and 2018 elections as proof of the people’s will, but maybe he fears a “blue wave” will crash upon the Senate in 2020, much the way it did the House of Representatives in 2018. For Senate Republicans, this could be their final opportunity to get a conservative majority on the Supreme Court.