Democrats Push To Delay Filling Ginsburg’s Seat

Topline

As Republicans rally behind President Donald Trump’s call to replace Justice Ruth Bader Ginsburg’s seat on the Supreme Court “without delay,” Democrats on the Committee urged Republican Senator and Judiciary Committee Chair Lindsey Graham to not consider a replacement Justice until after inauguration day.

Key Facts

Crucial Quote

“There cannot be one set of rules for a Republican President and one set for a Democratic President, and considering a nominee before the next inauguration would be wholly inappropriate,” the senators wrote.

Surprising Fact

When Republicans refused to hold hearings for the Supreme Court nominee Merrick Garland, both Graham and McConnell cited the “Biden Rule” in reference to a 1992 floor speech then-Senator and Judiciary Chair Joe Biden gave against the nomination of a Supreme Court Justice during an election year. 

Tangent

A special election Senate race in Arizona could go a long way toward determining the future of the Supreme Court.

Key Background

As recently as 2018 Graham repeated his pledge to hold off on Supreme Court nominees. During a forum hosted by The Atlantic held after the confirmation of Justice Brett Kavanaugh he said, “if an opening comes in the last year of President Trump’s term, and the primary process has started, we’ll wait until the next election.” However, in May Graham flipped his position, claiming Merrick Garland’s being denied a hearing was a “different situation” to voting in a Trump nominee because in 2016 “you had the President of one party nominating, and you had the Senate in the hands of the other party,” whereas this year both the Senate and the White House are controlled by the same party.