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WordsMatter

I can't describe what I'm asking as well as the way this article presents it. 

http://thehill.com/opinion/judiciary/395696-the-mcconnell-rule-is-law-and-senate-democrats-should-sue-to-enforce-it

I'm not interested in people's opinions on this matter, or any arguments that lack legal precedent. Basically if you aren't a lawyer/well educated in law, then I don't you'd be able to give real clarity and insight on this issue. I'm ok at understanding law but it is a very complex thing in general that takes years of study to really know what you're talking about, and this specific topic is so complex to me that I can't even start to make heads or tails of this.

with_all_humility

I love how the author of the "opinion piece" (KEN LEVY, OPINION CONTRIBUTOR) twist words and events in order to persuade the reader that the Senate should not confirm another SCOTUS judge until after mid-term elections.  What a joke, this all stems from when Biden gave this speech on the Senate floor 

In 1992 Senator Joe Biden (Democrat and the Democrats were the majority leaders of the Senate) clearly said that a "president" should not nominate a judge during a "presidential" election year.  That it would not be fair to the nominee (because Senate would not confirm him/her) and essential to the process or the precedent set by former presidents.  

So, in 2016, with the unexpected death of Judge Scalia, President Obama put forth a nomination to fill the vacancy (the very thing that Senator Biden told then President Bush not to do).  Since the Democrats would not abide by the very advice given by now VP Biden, Senate Majority Leader McConnell elected not to schedule confirmation hearings.  It was not a law or a precedent, but a power that rest with the Majority Leader of the Senate.  That power of the majority leader, assisted by a lieutenant known as the majority whip, is to marshal the votes of the party's members on these matters Presidential Nominees. The responsiveness of the majority leader to the president's wishes thus plays a crucial role in shaping domestic and foreign policy as well as the composition of the federal judiciary.  Senator McConnell, just never schedule any confirmation hearings.  This was his purview being the majority leader. 

Now Democrats are in a panic because if President Trump appoints a young conservative judge to the court, and that person gets confirmed the SCOTUS could have a conservative majority view on case rulings for perhaps the next 20+ years.  However, there have been many justices appointed by Republican presidents that did not hold strict conservative views.  Justice Kennedy being one.  

There is no Mitchell Law or Biden Law, if there was a law in place governing such decisions the author of the article would have cited it and waved it in the face of the Senate majority leader.  There is also not precedent to not confirm a presidential nominee during a mid-term election year.  Again, Biden was contesting a nominee during a presidential election year.  

This is all propaganda put forth by liberals and liberal media to try a stay the appointment of another conservative justice to the Supreme Court.  It’s fear mongering at its best.  The Dems are hoping to hold off the appointment of judge now, in hopes to gain control of the Senate in the fall (which does not seem likely). Remember the Democratic moto is “resistance”.