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Robert H. Bork under fire by the Senate Judiciary Committee,
1987. (Photo: Jose R. Lopez, New York Times.) |
Associate Justice Antonin G. Scalia’s body was barely on its
way out of the ranch resort where he died when Republicans started a movement
to block Pres. Barack Obama’s eventual nominee for the empty SCOTUS seat.
Indeed, between the progressive celebrations (“Good riddance!” “Ding, dong, the
witch is dead!”) and the indecent haste in politicking, it’s a wonder that
anyone managed a moment to pay sincere respect for a man who, right or wrong,
exerted tremendous influence over our nation’s jurisprudence … and whom many people
thought was a likeable guy. (I find it interesting that his long friendship
with his colleague, the arch-liberal AJ Ruth Bader Ginsburg, was made
the subject of a light opera!)
Some progressives are content to wait the Republicans out,
convinced that the Democrats will win in November and that either Hillary
Clinton or Bernie Sanders will get Scalia’s place filled … in fact, some want
Obama to fill the spot. However, others are not as confident, and want others
on the left to start pressuring Senate Republicans to confirm whomever Obama names.
To that end, various people are creating memes with distorted or bogus facts,
all arguing to the idea that the Senate is somehow obligated to give Obama one
more SC justice.
The Facts
Refusing to confirm a nominee, even delaying an appointment
into the next presidency, isn’t a new tactic. Refusing to confirm a nominee on
grounds other than his/her legal competence isn’t exactly new, either; there’s
a reason why they call it “Borking”. (If you’re too young to remember, and not
too lazy to look it up, Google-search “Robert H. Bork”.) Nor have Democrats
been mere rubber stamps to Republican presidents’ wishes (again, see “Robert H.
Bork”). Of the 151 men and women nominated to the bench since 1789, 29 were
unsuccessful at least on the first try. Only 12, though, had been fully
considered and rejected; the rest were
withdrawn, tabled, postponed, or nullified by circumstance.