Why are people protesting against Supreme Court nominee Amy Coney Barret
post deleted....................People are protesting her because they feel her nomination is the second illegitimate nomination Trump has had. When Antonin Scalia died in March of 2016 republicans broke 100 years of precedent and claimed 8 months was too close to the election to hold hearings and confirm President Obama’s choice. This choice which by precedent should have been made by Obama became President Trump's first Supreme court nominee. More recently when RBG died a few weeks before the election the Republicans again break with 200 years of precedent, and their own 3 year old previous position, and holding hearings literally while people are voting.
These two “stolen” seats by democratic reasoning; give Republicans a 6-3 Supreme Court advantage and threaten to repeal many democratic wins for the last few decades.
This will ultimately force the next Democratic president if he controls the senate and House to likewise break precedent and pack the Supreme Court to reverse the GOPs gains. Which has its own problems for the nation.
Some Dems are upset with the short sightedness on the part of the GOP which brought us to this point and are taking it out on the Jurist.
From the Comments
@eyeballfrog
The idea of two seats being stolen is self-contradictory, because the argument in favor of one being stolen is an argument for the other being legitimate.
Not at all. There were two different precedents broken. There was a precedent for confirming Justices in the last year of a President's term in office, just not within 3 months of the election.
Examples of Nominations during an election year, just not within 3 months of an election:
- 11 Months before the election, November 30, 1987, President Ronald Reagan nominated Justice Anthony Kennedy to fill the vacancy created by the retirement of Lewis Powell.
- 9 months before the election, February 15, 1932, President Herbert Hoover nominated Benjamin Cardozo to succeed Oliver Wendell Holmes
- 10 months before election, January 28, 1916, Wilson nominated Louis Brandeis to replace Joseph Rucker Lamar, who died on January 2, 1916
- 4 months before an election on July 14, 1916, Wilson nominated John Clarke to replace Charles Evans Hughes
- 8 months before the election, March 13, 1912, President Taft (a Republican) nominated Mahlon Pitney to succeed John Marshall Harlan,
There was another older precedent in not confirming a Justice in the last 3 months prior to an election regardless of who controls the senate. Trump will be the first President in 200 years to nominate a Supreme Court Justice this close to an election. ( First ever to nominate during the election as about 25% of the votes some 30 million have already been cast ).
- When Sherman Minton retired from the Supreme Court Oct 15, 1956, President Eisenhower waited until after the 1956 Presidential elections to nominate William Brennan on Jan 14, 1957.
- When supreme court justice Roger B. Taney died Oct 12, 1864, 27 days prior to the election; Abraham Lincoln did not nominate his successor until after the people had spoken. Lincoln went on to win the Nov 1864 presidential election and nominated his secretary of Treasury Salmon Chase to become chief justice Dec 1864.
- When Robert Trimble died August 25, 1828, John Quincy Adams did not appoint a successor until after the 1828 election when he nominated John Crittenden Dec 17, 1828.
- When supreme court justice John Jay resigned from the court June 29, 1795, President Washington did not appoint his successor until after he had won the Nov 1795 election, nominating John Rutledge Dec 10, 1795.
