Editor’s Note: For an alternative viewpoint, please see: Counterpoint: In Era of Supreme Court, Nominations Rule
In the last month, Republican senators have mapped out a strategy of total obstruction around the Supreme Court vacancy, flat-out refusing to do the jobs they were elected to do. If they continue along this path, it’s hard to imagine that the GOP will not face serious electoral consequences this November.
Senate Majority Leader Mitch McConnell shocked everyone last month when he said, just hours after Justice Antonin Scalia’s death, that the Supreme Court vacancy should not be filled by President Obama. The argument of McConnell and other GOP leaders is not that senators should vote against President Obama’s nominee if they believe he’s not fit to serve on the Supreme Court. Their stance is that they shouldn’t even consider the nominee’s qualifications at a hearing or allow him an up-or-down vote.
It’s an unprecedented position that shows deep disrespect for President Obama’s authority, for his eminently qualified nominee Merrick Garland, and for the Constitution.
In attempting to justify the obstruction, McConnell has said that “the American people should have a voice in the selection of their next Supreme Court justice.”
But the problem seems to be that McConnell is simply unwilling to hear that voice.
Not only did the American people already use their voice when they elected Barack Obama — twice — as president of the United States, they are also using their voices now, as public opinion increasingly reflects a desire for the Senate to move forward on considering the president’s nominee.
Poll after poll shows that voters see the GOP’s intransigence for what it is: an attempt to put partisan politics above the Constitution. A recent Monmouth University poll found that nearly seven in 10 Americans think the Senate should hold hearings on Judge Garland. And by refusing to consider him, Republican leaders are “just playing politics,” according to almost eight in 10 Americans. Not even members of their own party are with the GOP leadership on this; a full 62 percent of Republicans view their position “as mainly a political ploy.”
By arguing that the next president should fill the vacancy, Sen. McConnell is attempting to carry water for a President Trump, who has already provided a clear picture of the kind of justice he would nominate if elected — someone who would use the court to push a dangerously extreme agenda that would make it even harder for ordinary people to get a fair shake.
Instead of doing his constitutional duty, McConnell is playing politics with the court and trying to make sure it’s a president of his own party who gets to choose our next justice. It’s clear that the real goal is to keep the court’s majority filled with conservative justices who will prioritize the interests of the powerful above the fundamental rights of everyday Americans.
Republican leadership still has a choice. Given the overwhelming pressure they are facing from constituents, GOP senators would be foolish not to walk away from the embarrassing argument that they don’t need to do their jobs as elected officials. After all, they each swore an oath to a Constitution that requires them to provide advice and consent on the president’s Supreme Court nominee. It’s up to them to follow the directions of that Constitution and give fair consideration to Judge Garland.
But if they double down on their failing obstructionist approach, Republican senators shouldn’t be surprised in November when voters express their disapproval. Polling in states where GOP senators face tough re-election fights shows that constituents are not happy with their senators’ refusal to do their jobs.
For example, 53 percent of Wisconsin voters report being less likely to vote for Sen. Ron Johnson because he won’t consider a nominee. Similar polls have found comparable numbers for other GOP senators, including Pat Toomey of Pennsylvania, Rob Portman of Ohio and Kelly Ayotte of New Hampshire.
Americans should be able to reasonably assume that their elected representative in the Senate is willing to carry out the business of government and do his or her job. If they’re not, voters will find someone who is.
