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I appreciate that that is the case now. But can you point me to that being the central argument at the time? I’m happy to consider the record again.
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Here's a start. McConnell made this point several times (he repeated it in an interview with Chris Wallace in March). So, IIRC, did Grassley & Hatch. 1888 precedent (Melville Fuller-by Cleveland) wasn't just the last time, but the only one. The other 7 times, seat was held open.pic.twitter.com/Yg1i9WlUoB
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Yeah, just like it says in the Constitution. Let's keep carving further and further from the intent as suits our political expediency and see where that gets us. I'm not bothered that Garland wasn't picked, I'm disgusted that he was not heard.
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It was within Obama's power to nominate an originalist to replace Scalia. Instead he nominated Garland. Constitutionally, they don't have to hold a hearing any time.
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“Originalist” LOL
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Thanks for pointing that out. It's often left out of this type of argument.
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Duh - it wouldn’t happen if the President and senate were controlled by the same party, so that’s not a normative “rule,” it’s just a description of the circumstances that gave McConnell the power to obstruct.
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If there's a scotus vacancy before the election this year I'd be willing to compromise and hold the seat open in xchange for legislation that cements the # of seats at 9. I'm more worried about a progressive packing the court in the future than the 5-4 status quo moving to 6-3.
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