Democrats are calling all hands on deck to stop Donald Trump from nominating a conservative to succeed Ruth Bader Ginsburg.
But they have a big problem on their hands.
And that’s because Ruth Bader Ginsburg had one instruction for Democrats that came back to bite them.
Back in 2016, Barack Obama tried to replace Justice Antonin Scalia with Merrick Garland.
Republicans blocked the pick on the grounds that they were the majority party in the Senate so the voters should have a say by choosing between Donald Trump and Hillary Clinton.
Today, Democrats are claiming that even though Republicans control both the White House and the Presidency, Donald Trump should not nominate a candidate to replace Ginsburg because it is an election year.
Joe Biden explicitly made this argument in a speech in Pennsylvania claiming if he wins the election, then the seat should stay open until Biden takes office.
In 2016, Ruth Bader Ginsburg rejected Joe Biden and the Democrats’ line of thinking.
“As you know, the president has the authority to name appointees to the Supreme Court, but he has to do so with the advice and consent of the Senate,” Ginsburg told an audience at Georgetown University Law School.
But Ginsburg also conceded that Senate Republicans were well within their rights to use their power as the majority in the Senate as they saw fit.
“And if the Senate doesn’t act, as this current Senate is not acting, what can be done about it?” Ginsburg rhetorically asked the crowd.
Ginsburg also shut down the idea that Joe Biden promote that it violated “constitutional principles” to nominate a justice this close to an election.
“The president is elected for four years, not three years,” Ginsburg continued. “So the power that he has in year three continues into year four, and maybe some members of the Senate will wake up and appreciate that that’s how it should be.”
Ginsburg doubled down in an interview that year with The New York Times.
“That’s their job,” Ginsburg declared. “There’s nothing in the Constitution that says the president stops being president in his last year.”
Democrats are demanding Republicans honor Ruth Bader Ginsburg’s dying wish to keep her seat open until a new president is installed.
There is no constitutional clause that allows for Supreme Court justices to dictate how their seats are filled.
Instead, as Ginsburg points out, the Constitution provides for the President to nominate judges and the Senate the power to reject or confirm those judicial nominees.
Democrats are going to learn this lesson the hard way when Donald Trump celebrates the Republican Senate confirming his nominee to replace Ruth Bader Ginsburg.
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