This week, Democrats struggled to explain why Judge Amy Coney Barrett should not be confirmed to serve on the Supreme Court. They trotted out hackneyed arguments, suggesting that some political norm had been broken by a Republican president nominating a judge to be confirmed as a justice by a Republican Senate in an election year. There have been 19 times where a seat became vacant in an election year and both the presidency and Senate were controlled by the same party, resulting in 17 judicial confirmations. They suggested that Ruth Bader Ginsburg’s dying wish to leave her seat open until a Democrat takes power represented a sort of binding legal commitment.
And they fumed.
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