'Oh, we’d fill it:' How McConnell is doing a 180 on Supreme Court vacancies in an election year
Senate Majority Leader Mitch McConnell listens during a news conference following a Senate Republicans' policy luncheon on Capitol Hill in Washington on Tuesday, Jan. 15, 2019. By Amber Phillips Amber Phillips Reporter for The Fix covering Congress, statehouses Email Bio Follow May 29 at 7:45 AM In 2016, he left a vacant Supreme Court seat open until after a Republican won the White House so that his party could fill it.
McConnell argued to reporters in October that this whole opposite-party thing is a tradition he was trying to abide by three years ago: “The tradition going back to the 1880s has been if a vacancy occurs in a presidential election year, and there is a different party in control of the Senate than the presidency, it is not filled."
Plus, in 2016 McConnell wasn’t parading around this argument as much as he was another: that the voters should decide, by function of the presidential election, who gets to fill the Supreme Court vacancy. He mentioned the “separate party” thing a couple times, as his office pointed out to The Fix in October. But the average person listening to McConnell’s argument for not giving Merrick Garland a hearing heard him focus on the outgoing president’s status rather than his party.
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