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I’m Sensing a Trend Here

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MItch McConnell

It is becoming increasingly obvious that a Republican Senate will not confirm a Hillary Clinton Supreme Court nominee:

But he also bluntly said that if Clinton is elected, he will do everything in his power to deny her the right to fill the vacant Supreme Court slot, aligning himself with Texas Sen. Ted Cruz’s position on the issue.
“Well, my answer to you would be it isn’t going to happen — period,” Burr said when asked about the prospects of President Barack Obama’s nominee, Merrick Garland, being confirmed in the lame-duck session of Congress.
Burr added: “And if Hillary Clinton becomes president, I am going to do everything I can do to make sure four years from now, we still got an opening on the Supreme Court.”
Burr boasted that he is responsible for the “longest judicial vacancy in history” by denying the confirmation of an Obama judge to serve in the eastern district of North Carolina.

It genuinely amazes me that anyone at this late date can look at Mitch McConnell’s conference and assume that they will have to confirm a nominee because that’s just the way things have always been done. They don’t, and they almost certainly won’t. Both elected officials and public intellectuals are laying the groundwork. There’s no magic teleological pull exerted by failing to resolve circuit splits. Their unprecedented obstruction of Merrick Garland has gotten essentially no attention during a presidential election campaign, and while it’s ridiculous that the trivial Hillary Clinton DEEPLY TROUBLING EMAIL faux scandal has gotten more coverage than all substantive policy coverage put together, 1)the media’s priorities aren’t going to change in 2017, and 2)in this case Clinton hasn’t even tried to make it an issue. Republicans have remained very competitive in the Senate with an anvil on top of their ticket despite it. The substantive stakes of are very large, McConnell et al. are likely to calculate that the political costs of further obstruction are negligible — and the brutal truth is that they’re probably right.

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