Capitol Hill is buzzing with excitement as plans are underway to fill the vacant Supreme Court seat after Justice Ruth Bader Ginsburg’s passing last week. Senate Leader Mitch McConnell (R-KY) made his intentions clear to confirm President Trump’s impending nominee this year. This quickly drew sharp criticism after McConnell’s refusal to place former President Obama’s nominee, Merrick Garland, for a vote in 2016. However, there are reasons why he came to this decision.
While the rhetoric of not confirming a Supreme Court justice in an election year has been used frequently, there is no rule or Constitutional provision that backs this up. In fact, the Constitution makes these duties clear. Article II Section 2 of the Constitution states, “…[the president] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… Judges of the Supreme Court…”
In 2016, the Senate was comprised of a Republican majority, but a Democrat President was in the White House. This put American voters at odds, so holding a vote on a Supreme Court justice would be more beneficial after the upcoming presidential and Senate elections. Now that the Republican majority has stayed the same and a Republican is in the White House, American voters have made it clear that we trust Republicans to confirm a solid, Constitutional nominee.
Additionally, these actions have taken place since George Washington was president. Historically, 29 Supreme Court vacancies have occurred in an election year and every time, the president announced a nominee. In 19 of those cases, the president’s party maintained a majority in the Senate, and 17 of those were confirmed. In the other 10 cases where the Senate had the opposite party in power, only 1 nominee was confirmed. McConnell’s actions aren’t new; they are simply in-line with the Constitution and precedent.
President Trump’s nominee announcement is expected on Saturday. The front-runner among conservatives is Amy Coney Barrett, a judge for the U.S. Court of Appeals for the Seventh Circuit and a mother of seven children. Her rulings show that she is solidly pro-life, tough on crime, and is a true Constitutionalist. Another potential nominee, Barbara Lagoa, is a Cuban American who previously served on the Florida Supreme Court. Her federal experience is lacking, but she has ruled against felon voting rights and has been touted by the Florida Family Policy Alliance. Nominating her could give President Trump a leg-up with Florida residents come November.
While the Supreme Court news has taken over the mainstream media, it has also overshadowed other important pieces of legislation being considered by Congress. A continuing resolution (CR) was brought to the House floor this week to stave off a government shutdown before the election. While the Democrat-drafted CR kept pro-life provisions in the text, it completely left out aid to farmers. This was a way for Democrats to take a jab at red states. House Democrats released the text less than 24 hours before the vote and before we could sound the alarm. Unfortunately, it overwhelmingly passed and is headed toward the Senate.
Eagle Forum applauds Senate Republicans for guaranteeing a vote on President Trump’s judicial nominee. We look forward to the vacant seat being filled with someone who upholds the Constitution and will defend American families for generations to come.
