When Justice Anton Scalia passed away last year, Senator Mitch McConnell said that the American People should decide during the election who should be on the Supreme Court. Well on November 8, the American People did decide when ten million more people voted for a candidate other than the Republican Standard Bearer Donald Trump. With that logic, Democrats should not approve President Trump's nominee who he is expected to announce next week.
Are Presidents entitled to have their nominees to the Court approved? In a word no and there are plenty of historical examples over the last 50 years to draw from.
In 1967, President Johnson nominated Abe Fortas to become the Chief Justice. Even with his party in control of Congress, he could not get him approved and he had to withdraw his nomination.
In 1969 and 1970, two of President Nixon's picks, Clement Haynesworth and G. Harold Carswell were rejected by the Senate.
In 1987, Robert Bork, a nominee of President Reagan was rejected by the Senate.
In 2005, Harriet Miers withdrew after being nominated by President Bush.
Last year, President Obama nominated Merrick Garland. The Republican Senate did not have the decency to let him present his case for approval and his nomination was withdrawn.
The Garland precedent and treatment should serve notice to Republicans that there are no rewards for not playing fair.
The American People have spoken. President Trump did not win the popular vote and his nominee to the Supreme Court should be opposed.
Let us see if Senator McConnell remembers the words he spoke last year. Do not bet on it.
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