The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

Saturday, August 24, 2019

Here's Why Democrats Should Be Scared of a Supreme Court Vacancy in 2020 | Trending

In all of these cases but the last one, the president's party had a majority in the Senate. Biden made his case about postponing an election-year nomination to the court while there was a Republican president and the Democrats controlled the Senate, and he was clearly hoping to avoid stalling a nomination. If there's anything Biden's 1992 speech tells us, it's that Democrats will establish or dismiss precedents based on their short-term convenience. Should a vacancy occur in 2020, Donald Trump will have every right to fill the vacancy, and the Republican-controlled Senate will have every right to confirm that nominee.  The only precedent here is that the Senate can exercise advice and consent however they please. Mitch McConnell has already vowed that he'd fill a vacancy in 2020. Democrats will have to come up with another excuse other than citing a nonexistent precedent. The Biden Rule of 1992 may have come back to bite the Democrats in the rear in 2016, but that doesn't mean the GOP has to cave to their tantrums and rule changes that only serve their short-term political needs.


This much is obvious.

| Permalink