Today the hearing on Judge Amy Coney Barrett’s nomination is taking place. Many Democrats are up in arms about Trump pushing her through just before the election. But, did you know that this has happened many times before?
Senator Schumer asked the senate staff that very question and they incorrectly answered that there was no precedent. From ABAJOURNAL, “The president made a nomination in all twenty-nine cases,” he wrote. McLaughlin added that “19 times between 1796 and 1968, presidents have sought to fill a Supreme Court vacancy in a presidential-election year while their party controlled the Senate. Ten of those nominations came before the election; nine of the 10 were successful.”
I do have to point out the fact that Abraham Lincoln did not nominate a supreme court justice just weeks before the election. But he could not have done so because the Senate was in recess until December of 1864. Lincoln never said anything about leaving the nomination until afterward. I bring this up because Kamila Harris messed up the facts.
In fact there is a precedent to fill the vacancy with a recess appointment. “Eisenhower gave Brennan a recess appointment to the court, and Brennan was sworn in on Oct. 16, still weeks before the election. His full-fledged nomination and confirmation hearing would come after the election. Recess appointments to the high court were not unheard of then. Three of Eisenhower’s nominees started with recess appointments—Warren, Brennan and Potter Stewart. Shapiro notes that in 1960, the Senate passed a nonbinding resolution “expressing the sense of the Senate that the president should not make recess appointments to the Supreme Court, except to prevent or end a breakdown in the administration of the court’s business.”” I am presently surprised that President Trump has not tried this. What a stink the Democrats would have gotten into if he had and I would guess that is why he has chosen the nomination path.
The problem the Democrats have is that they do not control the Senate at this time and want Trump to wait so that when/if they do have a majority there they can block Judge Barrett’s nomination. It is political intrigue. Nothing more and certainly nothing less! What counts is the fact that there is precedent and the Senate should proceed with the hearings in a timely manner.
All this proves that we will continue to repeat the mistakes of the past if we do not know our true history.
That is my opinion- Jumpin Jersey Mike