President Donald Trump is expected to announce his second Supreme Court nominee tonight at 9:00 pm. As one might expect, Democrats are losing their collective minds over Justice Anthony Kennedy’s retirement and the thought of another conservative jurist on the Court. But their primary argument for not confirming a nominee is very different from the set of circumstances that the Senate faced in 2016.
When then-President Barack Obama announced his nominee, Judge Merrick Garland, to fill the vacancy left by the death of Justice Antonin Scalia, Republicans opted not to take action because it was a presidential election year and a lame duck president was making the appointment. Frequently criticized, and often deservedly, Senate Majority Leader Mitch McConnell (R-Ky.) made a tough but correct call and held his conference together. He deserves credit for that.
President Obama and Democrats criticized Republicans for not taking action on Judge Garland’s seat, complaining that the