Amy Coney Barrett & The State of SCOTUS


So the topic I want to go to now is on the question timing the fact that this nomination is coming rather late in the fourth year of a president's term has made it controversial in fact, timing of just. Nominees to nominations to the supreme. Court has been controversial now for four or five years for a variety of reasons. So that's the first question. I would like each of you to tell me your position on on the question. Should the Senate be voting on a nomination to the Supreme Court right now sire you yes or no on that? I. Mean Yes. John All right cy you are yes. On the same question Irwin should the Senate be voting on a Justice of the supreme? Court now yes or no no amy honeybear bear should not be confirmed at this time. All right. Thank you I. Want to go first use for your reasons. Why are you a? Yes on the on the question of the timing of the nomination right now well, on the question of timing I think the Senate has the authority to consent the president is nominated someone. I don't see any reason why the Senate Caq Senate is doing other things it's it's considering thrown a virus relief. Of course, it can legislate until the members leave. and. So nothing nothing prevents the president from nominating someone nothing prevents Senate from acting upon that nomination and I think there three positions John. I think one position is you must vote on the nomination I. think that was Erwin's position for years ago. A second position is you can vote on the nomination, but you shouldn't that might ear ones position today and I the the middle position, which is you can vote on the nomination and you should. Thank your ticket back to you. So what I hear size saying is the Senate has every legal and constitutional right to be doing this now. They, certainly have the legal and constitutional right to do it, but they shouldn't do it. This is stunning hypocrisy by the Republicans for years ago Senator Mitch McConnell said, the American people should have a voice in the selection and the next Supreme Court justice. Therefore, this vacancies should not be filled into we have a new president. Antonin Scalia died in February two, thousand sixteen. President Obama named Mira Garland for that seat in March of two thousand sixteen. There was eight months before the election was to be held in the Republicans wouldn't hold hearings or wouldn't hold about Ruth Bader Ginsburg died on September eighteenth of twenty twenty, and already the Republicans are looking to fill that seat. There is historical precedent. On October twelfth eighteen sixty four chief justice Roger Tawny died the president Abraham Lincoln didn't try to fill the vacancy in the month before the election or nineteen fifty-six Justice Sherman Minton resigned from the court but President Eisenhower didn't try to pick the successor instead an October fifteenth. He made a recess appointment of a Democrat William Brennan. So whoever won the election would pick the successor? Alright let. Let me jump in because I I WANNA give cya chance to respond to some of what you're saying. So so I think we heard from Irwin saying that. eight months. was enough of a lead time and they were talking about the case of Merrick Garland back in two thousand sixteen. But that one month one and a half months is too short and he sites precedent of other examples where presidents had more of that timeframe. So what's your response to that? I think are ones making a slightly different point I think if. They. Can See had risen eight months ago I think are only making the same exact point, which is what's good for the goose is good for the Gander. So it's not really a question of timing. There's plenty of time as Irwin and other people now there there's GonNa be a vote in the Senate. The point is about equity I. Think the point is about precedent in Irwin has some precedents would, of course, you can go back to previous administrations in sight other presidents. John Marshall was appointed days before John Adams left the Presidency Steven Briar was nominated and appointed to the circuit court after Jimmy Carter lost. So there, there are precedents obviously for acting after the election. Let alone before I understand there's some raw feelings about what happened four years ago and I understand that people have flipped Irwin. Himself is flipped a apparently senator McConnell may have slipped as well. I think. It's unfortunate. This game of delaying nominations has gone on for quite a long. I have a colleague who waited two years before she withdrew for circuit court position because it wouldn't allow vote. That's just sort of power politics on both

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