Associate Justice Ruth Bader Ginsburg died this evening surrounded by her family at her home in Washington, D.C., due to complications of metastatic pancreas cancer. She was 87 years old.
— Jake Tapper (@jaketapper) September 18, 2020
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“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.” Senator Mitch McConnell, March 2016
Senate GOP leader McConnell said "Of course, the American people should have a say in the court's direction. It is a president's constitutional right to nominate a Supreme Court justice, and it is the Senate's constitutional right to act as a check on the president and withhold its consent.".
These two comments don't say anything about which parties control the White House and Senate when there's a Supreme Court vacancy in an election year. I therefore assumed that McConnell intended that there be a general rule against replacing a SCOTUS vacancy in an election year, regardless of which party controlled which part of the US government!
There is no Constitutional prohibition on the appointment and confirmation of a member of the SCOTUS... in an election year. Based on the US Constitution appointments to the SCOTUS can be made and confirmed by the President and Senate as long as they each hold their respective offices. The People's VOICE IS HEARD ... the President was elected for 4yrs... as long as his term is not up and The US Senate confirms an appointment, the voice of the people has spoken. Presidents and members of Congress carry the voice of the People for the entire length of their Constitutional Terms... their powers to appoint and confirm members of the SCOTUS are not removed or limited by supposed tradition, just to placate political parties and their interests.
that's what I thought president Donald Trump have to replace her because his still the president.
The basis for McConnell's refusing to hear Garland's appointment under 0bama, and his affirmation of Trump's next appointment, is this, which was covered in the Blaze, Daily Caller and WaPo
“Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year,” McConnell said in his Friday statement.
Since we have both the Presidency and the Senate and those are the only two that are needed, therefore, he is going forward. He took a strong stance on this and now it is paying off big for us.
https://www.theblaze.com/news/democrats-media-grossly-misrepresent-...
The Senate doesn't need to explain its actions or rules... the US Constitution provides it with the authority to advise and consent to a Presidents appointments... the MSM and party out of power don't make the rules for confirming a SCOTUS appointee.
Citing past examples of what has been done... provides no legal precedent for what can be done. The US Constitution states that each House of Congress shall establish their own rules for the conduct of their business...
The MSM and the minority do not dictate the rules of Congress. The minority party may provide input for those rules, but they don't dictate how Congress will operate on any given day... or session.
Right npw, the 2 Houses are indeed of different parties, so your comment that I am responding to would mean that RBG should not be replaced this year!
the senate is Republican and we have a republican president that's all they need to vote in a supreeme court justice.
With serious problems for the 2020 election already in the Courts and more to come... it is vital that the SCOTUS has all 9 Justices seated. We don't need a tie vote on any of the election cases pending before the Court; any of the pending or likely challenges to the vote may turn the Presidential Election.
We know there will be serious challenges to any vote totals in this election cycle... likely to be fast-tracked to the SCOTUS for resolution. The Court needs all 9 Justices to ensure there are no ties in their decisions... adjudication.
There is no role for the House of Representatives in confirming a member of the SCOTUS... three is no Constitutional time limit on a sitting President's power to appoint a member to the SCOTUS... nor for the US Senate to confirm that appointment. Such an appointment can be made and confirmed on the last day of a sitting president with the consent of the US Senate.
That's what I thought. Thanks.
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