On the recordJuly 20, 2021
I heard the Republican leader on the floor just moments ago talking about the dismissal of some individuals by the Biden administration and their replacement, and his complaint that this violated the norms and the precedents of the U.S. Senate. There are certainly two words I would offer in response to that assertion: Merrick Garland. I would offer those words to the Republican leader as a reminder of what he did when there was a vacancy on the highest Court in the land, the U.S. Supreme Court. Antonin Scalia passed away, and a vacancy occurred. It was the last year of the Obama administration. Tradition suggested that that President of the United States, duly elected and in office, had the responsibility and the opportunity to fill the vacancy, and so he offered as his nominee Merrick Garland from the DC Circuit court. What happened to Merrick Garland's nomination? What was the norm and precedent? Well, there would be a hearing and a consideration of that nomination and a vote in the U.S. Senate. That process was stopped in its tracks by one leader, the Republican leader of the U.S. Senate from Kentucky. So when he talks about norms and precedents and creating and filling vacancies, he has forgotten that he made history in a very unusual way: by violating the most basic norm and precedent that the U.S. Senate had the responsibility to fill a vacancy on the Supreme Court.…





