A lession in civics and history for Republican Senators

In a speech on the floor of the United States Senate, Majority Leader Mitch McConnell said that he will not allow a confirmation hearing on President Obama's nominee to the U. S. Supreme Court.  He said “The next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country, so of course the American people should have a say in the court’s direction.  The Senate will continue to observe the 'Biden Rule' so the American people have a voice in this momentous decision. The American people may well elect a president who decides to nominate Judge Garland for Senate consideration. The next president may also nominate somebody very different. Either way, our view is this: Give the people a voice in filling this vacancy."

First let's take a moment to point out to Senator McConnell that there is no Biden Rule in the United Stages Constitution.  But there is language that makes it very clear that Senator McConnell and his Republican cohorts have a duty to perform and that by failing to hold confirmation hearings, they are shirking their responsibility to provide the proper Advise and Consent for a presidential nomination.  There is also nothing in the Constitution that speaks to what the failed presidential candidate Marco Rubio talked about last month.  Senator Rubio said "Because actually, it's not just for the Supreme Court, even for appellate courts, both parties have followed this precedent," Rubio responded. "There comes a point in the last year of the president, especially in their second term, where you stop nominating, or you stop the advice and consent process."

Senator Rubio is as misinformed as his colleague Senator McConnell.  In fact, in 1956 it was a Republican president, Dwight D. Eisenhower who made a recess appointment of Justice William Brennan much later than March in the election year of 1956.  In fact there are several precedents for SCOTUS nominees receiving confirmation hearings in election years.  As for the so-called Biden Rule, it has no meaning.  As it was originally stated, it did not accurately describe historical precedent.

But there is a larger issue here.  Combined with the finite but now real possibility of Donald Trump being elected, Republicans need to turn their attention to 2018 and 2020 as well as 2016.  If by chance, Donald Trump is elected to the presidency in 2016, it is a strong possibility that the Democrats could wind up in control of both the House and the Senate, bringing about another two years of gridlock.  And in 2020, the Democrats could wind up controlling Congress and the White House.  That would be a setback that the Republicans may never recover from.

Their intransigence in refusing to even hold confirmation hearings will come back and bite them right on their collective red state asses.