Upon hearing that President Barack Obama had nominated Merrick Garland, Sen. Orrin Hatch (R-UT) declared him “qualified” opined that he could be fine “consensus” nominee, before quickly retreating to the previously-declared position of Senate Majority Leader Mitch McConnell to abide by the “Biden-rule” and not consider an appointment by a president of the opposite party for a vacancy arising in the final eighth year of his term.
Of course, Establishment Republican senators Hatch, and Lindsey Graham et al regularly treat judicial nominations as if they were choosing a fellow Legal Priest of the American Bar Association with focus on irrelevant qualifications of Ivy League degrees, Beltway employment and not having committed murder.
They regularly ignore the fact the preeminent qualification question is their view of the constitution and that all Democrat nominees since the late 1960s have the wrong one.
Any view that is not originalist is disqualifying. Democrats always have their vile litmus tests to ensure their nominees will base decisions on the desired liberal result, the constitution be damned. Love that Donald Trump admits he has litmus tests (the mere mention of same makes the Grahams of the world shudder in disgust) that a nominee disagree with Roe v Wade etc based upon their departure from the Constitution as written. and they are good ones.
Hatch wishes it wasn’t so politicized. People in jail want out. Welcome to the real world since Engle v Vitale and Roe v Wade.
After Obama’s first two nominees violated their oaths on the court, the best reason not to consider his nominee now is that he can’t be trusted. Wouldn’t matter if it was Year five instead of Year Eight of King Barack’s reign.
Garland seems to have been a fine lawyer (who views the Second Amendment in a decidedly non-Scalian way) but given the actual performance on the Supreme Court bench of all Democrat nominees since the 60s and specifically of Obama’s confirmed nominees there, one can’t trust any nominee from Obama not named Ted Cruz. Therefore I won’t be scrutinizing this nominee. All that matters about nominees is will they uphold the Constitution as written rather than amend it to their liking with invented rights or denials of same. Government offices including the court must be about the laws they would make and not a reward for their past life.
Only a nominee made by the next president should get a hearing and should only get a floor vote if they are an originalist, even in Year One.
“One man with courage makes a majority.” – Andrew Jackson