Mitch McConnell has been beavering away in the Senate confirming judges across the country. Notably, the infamous Ninth Circuit is no longer a Progressive knee-jerk but has made a couple of righteous calls recently. Example: It just ruled that California’s state law banning gun magazines was an illegal intrusion upon the federal government’s purview.
Article II, Section 2, of the Constitution gives the president the right to nominate individuals to high-ranking government positions, including cabinet members, ambassadors, and federal judges. However, these powers are conditioned upon the advice and consent of the Senate. Section 2 requires the Senate to approve presidential appointments by a simple majority. The advice and consent requirement is an example of one of the checks and balances built into the Constitution. The provision seeks to limit presidential power. In this term, the GOP has a Senate majority, however with the upcoming elections, several Republican senators are sitting on very slender leads. It remains to be seen how hard the Whip will need to come down on the current Senate should the President decide to make a Supreme Court nomination before the election on November 3rd.
In case you’re one of those who thinks McConnell’s statement when Obama nominated Merrick Garland and Mitch said “not in an election year” will scupper plans to fill the space on the Supreme Court caused by the death of Ruth Bader Ginsburg, here’s some history. It’s always political. The GOP Senate would never have allowed a Liberal judge. Had the Democrats controlled Obama’s Senate, we’d have Justice Garland by now.
“Twenty-nine times in American history there has been an open Supreme Court vacancy in a presidential election year, or in a lame-duck session before the next presidential inauguration…. The president made a nomination in all twenty-nine cases.” https://t.co/MnnMhysfV2— John McCormack (@McCormackJohn) September 19, 2020
And in case you were wondering what Joe Biden might have done, consider these topical memes. Humorous, yes, but prophetic, too. Biden would have been made to pick from two lawyer politicians looking for something to do.