Ruth Bader Ginsburg chided the Senate in 2016 for failing to fill Antonin Scalia’s Supreme Court seat until after Election Day — despite her own deathbed plea that they now wait until after the 2020 vote to replace her, a report said.
Ginsburg, 87, who died from pancreatic cancer on Friday, reportedly told her granddaughter Clara Spera that her “most fervent wish is that I will not be replaced until a new president is installed” — in contrast to her position four years earlier, Fox News reported.
“There’s nothing in the Constitution that says the president stops being the president in his last year,” Ginsburg told the New York Times in 2016 when she urged the Senate to do “their job” and consider President Obama’s court nominee Merrick Garland.
Senate Majority Leader Mitch McConnell, a Kentucky Republican, refused to consider Garland for the court, claiming that the next president, not a lame-duck president, should name Scalia’s replacement.
The move enraged Democrats, and prompted Sen. Lindsay Graham, a powerful Republican from South Carolina, to promise two years later that if President Trump found himself in the same situation, “we’ll wait to the next election.”
Graham added that “you could use my words against me, and you’d be absolutely right.”
But on Saturday, Graham tweeted that “I will support President @realDonaldTrump in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg.”
Congressional Republicans are now taking heat from Democrats for flipping, and announcing that they will consider Trump’s nominee for Ginsburg’s seat before Election Day, with the president expected to announce his choice as early as this coming week.
In addition, McConnell and Trump are pointing the finger at Democratic presidential nominee Joe Biden and citing the “Biden Rule” for their haste to fill the Supreme Court seat.
Biden, then a Senator, called on then-President George HW Bush to hold off naming a nominee to the court until after the 1992 election.
Graham and other Republicans also noted that it was former Democratic Sen. Harry Reid who changed the Senate rules for confirmation of Supreme Court nominees, which now requires a simple majority of the GOP-controlled chamber rather than the super-majority once needed.
New York Post
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