Mitch McConnell came out pretty quickly and said that the Senate would not confirm a replacement for Scalia until after the election. The left is, naturally, in full outrage mode. I don’t really care. The Senate has to hold firm, because the very existence of the Second Amendment as any kind of meaningful right is at stake. I really enjoyed this bit of snark from Jim Geraghty this morning:
Senate majority leader Mitch McConnell should just give this speech:
We should not confirm any Obama nominee to the Supreme Court except in extraordinary circumstances. They must prove by actions not words that they are in the mainstream rather than we have to prove that they are not . . .
This is just a prologue considering the constitutional harm and dramatic departures that are in store if those few are joined by one more ideological ally. We have to, in my judgment, stick by the precepts that I’ve elaborated. I will do everything in my power to prevent one more ideological ally from joining Sotomayor and Kagan on the court.
That, of course, is a speech from Chuck Schumer from June 2007, with “Bush” replaced with “Obama” and “Roberts and Alito” changed to “Sotomayor and Kagan.” Watch the video; the audience at the American Constitutional Society gave it roaring applause at the end.
Read the whole thing. The Dems would never be so stupid as to confirm a justice that would fundamentally alter the makeup of the Court in the last year of a Republican Administration. Kennedy was confirmed in Reagan’s last year, but the vacancy occurred in 1986. The Senate rejected Robert Bork, then Douglas Ginsburg withdrew after it came out he once smoked a doob. Kennedy was a compromise candidate the Dems were relatively pleased with.
I tend to agree with Charles Cooke that the GOP should probably have remained open to acceptable candidates. If Obama decided to float Prof. Randy Barnett or Prof. Akhil Amar as compromise candidates, I would argue the Senate should take them pretty seriously. Neither Profs. Barnett or Amar fit nicely on the left-right spectrum, but neither are likely to greatly offend either side.
On the other hand, it would seem likely that President Obama has until February 22nd to make a recess appointment, since the Stupid Party decided to afford him that opportunity. Of course, let’s not give him any ideas either.
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