SEVEN = = = WORDS AND ACTIONS

Here are the words of 27 senators currently serving who, as senators in 2016, indicated (to quote the majority leader) 'the American people should have a voice in the selection of their next Supreme Court justice' and who, at this writing, appear to believe differently in 2020. 

Source: NPR, [https://www.pbs.org/newshour/politics/what-every-republican-senator-has-said-about-filling-a-supreme-court-vacancy-in-an-election-year]

Richard Shelby, Alabama

“President Obama is attempting to solidify his liberal agenda by drastically changing the direction of the Court for decades to come. This critical decision should be made after the upcoming presidential election so that the American people have a voice.” March 16, 2016 

Dan Sullivan, Alaska

“The decision to withhold advancement of Mr. Garland’s  nomination isn’t about the individual, it’s about the principle. Alaskans, like all Americans, are in the midst of an important national election. The next Supreme Court justice could fundamentally change the direction of the  Court for years to come. Alaskans deserve to have a voice in that direction through their vote, and we will ensure that they have one.” March 16, 2016 

John Boozman, Arkansas

“Our country is very split and we are in the midst of a highly contested presidential election. My colleagues and I are committed to giving the American people a voice in the direction the court will take for generations to come.” March 16, 2016 

Tom Cotton, Arkansas

“In a few short months, we will have a new president and new senators who can consider the next justice with the full faith of the people. Why would we cut off the national debate on the next justice? Why would we  squelch the voice of the populace? Why would we deny the voters a chance to weigh in on the make-up of the Supreme Court?” March 16, 2016

Chuck Grassley, Iowa

“A lifetime appointment that could dramatically impact  individual freedoms and change the direction of the court for at least a  generation is too important to get bogged down in politics. The American  people shouldn’t be denied a voice. Do we want a court that interprets the law, or do we want a court that acts as an unelected super legislature? This   year is a tremendous opportunity for our country to have a sincere and honest debate about the role of the Supreme Court in our constitutional system of   government.” March 16, 2016

Joni Ernst, Iowa

“In the midst of a critical election, the American people deserve to have a say in this important decision that will impact the course  of our country for years to come.” March 16, 2016

Pat Roberts, Kansas
“The next justice will have an effect on the courts for decades to come and should not be rushed through by a lame-duck president during an  election year. This is not about the nominee, it is about giving the American people and the next president a role in selecting the next Supreme Court  justice.” March 16, 2016

Mitch McConnell, Kentucky

“The American people should have a voice in the selection of their next Supreme Court justice. Therefore, this vacancy should not be filled until we have a new president.” Feb. 13. 2016

“Rarely does a Supreme Court vacancy occur in the final year of a presidential term … Given that we  are in the midst of the presidential election process, we believe that the American people should seize the opportunity to weigh in.” Feb. 18, 2016

Roger Wicker, Mississippi

“The American people should have the opportunity to make their voices heard before filling a lifetime appointment to the nation’s highest court. In November, the country will get that chance by choosing a new   president – a process that is well underway. Until then, our time should be spent addressing the many other legislative matters before us to strengthen our economy, create jobs, and secure our nation.” March 16, 2016

Steve Daines, Montana

“The replacement of Justice Scalia will have far-reaching impacts on our country for a generation. The American people have already begun voting on who the next president will be and their voice should continue to be reflected in a process that will have lasting implications on our nation. The U.S. Senate should exercise its constitutional powers by not confirming a new Supreme Court justice until the American people elect a new president and have their voices heard.” March 16, 2016

Deb Fischer, Nebraska

“It is crucial for Nebraskans and all Americans to have a voice in the selection of the next person to serve a lifetime appointment on the Supreme Court, and there is precedent to do so. Therefore, I believe this position should not be filled until the election of a new president.” March, 2016

Richard Burr, North Carolina

“The American people deserve a voice in the nomination of the next Supreme Court Justice. This appointment could easily tip the balance of the court in a direction not supported by the American people as evidenced by 2014’s election results giving Republicans both the Senate and House.” March 16, 2016

Thom Tillis, North Carolina

“While President Obama is entitled to nominate an individual to the Supreme Court, the Senate has made it clear it will be exercising its Constitutional authority to withhold consent of the nomination. We are in the middle of a presidential election, and the Senate majority is giving the American people a voice to determine the direction of the Supreme Court.”   March 16, 2016

John Hoeven, North Dakota

He is reported to have said, “There is 80 years of precedent for not nominating and confirming a new justice of the Supreme Court in the final year of a president’s term so that people can have a say in this very important decision.” Hoeven met with Garland afterward and also opposed him ideologically. “I believe Judge Garland will make decisions counter to North Dakota’s interests and I cannot support his confirmation.” April 21, 2016

Jim Inhofe, Oklahoma

“While I will evaluate the nomination of Judge Merrick Garland, the next president should be the one to fill the vacancy on the Supreme Court. … I will oppose this nomination as I firmly believe we must let the people decide the Supreme Court’s future.” March 16, 2016  

James Lankford, Oklahoma

“Based on previous historical precedent, I support Majority Leader Mitch McConnell and Judiciary Committee Chairman Chuck Grassley’s intent to give the American people a say in Justice Scalia’s replacement this year at the ballot box.” March 16, 2016

Pat Toomey, Pennsylvania

“With the U.S. Supreme Court's balance at stake, and with the presidential election fewer than eight months away, it is wise to give the American people a more direct voice in the selection and confirmation of the next justice.” March 16, 2016 Toomey also opposed Garland on ideological grounds.” 

Lindsey Graham, South Carolina

“I strongly support giving the American people a voice in choosing the next Supreme Court nominee by electing a new president. I hope all Americans understand how important their vote is when it comes to picking a new Supreme Court justice. The American people should choose wisely this November.” March 16, 2016

Tim Scott, South Carolina

“The next president should fill the open seat on the Supreme Court, not a lame duck. Our nation is in the middle of an election that will replace this president and it has brought people out in every corner of our country in record numbers to have their voice heard. As elected officials, we need to protect the American people's chance to have their voices heard in the decision on who will be appointed to a lifetime seat on the nation's high court.” March 16, 2016

John Thune, South Dakota

“The Senate Republican majority was elected to be a check and balance to President Obama. The American people deserve to have their voices heard on the nomination of the next Supreme Court justice, who could fundamentally alter the direction of the Supreme Court for a generation. Since the next presidential election is already underway, the next president should make this lifetime appointment to the Supreme Court.” March 16, 2016

Lamar Alexander, Tennessee

“I believe it is reasonable to give the American people a voice by allowing the next president to fill this lifetime appointment to the Supreme Court. Under our Constitution, the president has the right to nominate, but the Senate has the right to decide whether to consent at this point in a presidential election year. Sen. McConnell is only doing what the Senate majority has the right to do and what Senate Democrat leaders have said they would do in similar circumstances.” March 16, 2016

John Cornyn, Texas

“At this critical juncture in our nation's history, Texans and the American people deserve to have a say in the selection of the next lifetime appointment to the Supreme Court. The only way to empower the American people and ensure they have a voice is for the next president to make the nomination to fill this vacancy.” March 16, 2016

Ted Cruz, Texas

“This should be a decision for the people. Let the election decide. If the Democrats want to replace this nominee, they need to win the election.” Feb. 14, 2016

Shelley Moore Capito, West Virginia

“Before a Supreme Court justice is confirmed to a lifetime position on the bench, West Virginians and the American people should have the ability to weigh in at the ballot box this November. My position does not change with the naming of a nominee today.” March 16, 2016

Ron Johnson, Wisconsin

“Let the American people have a voice in the composition of the Supreme Court. Instead of a lame duck president and Senate nominating and confirming, a new president and Senate – elected by the people only a few months from now – should make that important decision. I can’t think of a fairer or more democratic process.” May 10, 2016

Mike Enzi, Wyoming

“The Constitution gives the Senate the right to make decisions on a Supreme Court nominee. The chairman of the Senate Judiciary Committee has announced the committee’s intention to exercise its constitutional authority to withhold consent on a nominee submitted by this president. I believe the American people should decide the direction of the Supreme Court.” Feb. 25, 2016

John Barrasso, Wyoming

“A president on his way out of the White House should not make a lifetime appointment to the Supreme Court. The American people will soon decide our next president. That person should get to choose the next Supreme Court nominee. Give the people a voice, and let them chart the course for the court and the country.” March 16, 2016 

=  =  = 

[Next: A declaration for each of the aforementioned senators to make]

I've taken the liberty of preparing a declaration for each of the 27 above named senators to complete, if not by their words then by the actions they may soon take with respect to the selection of Justice Ginsburg's replacement.

   = = =   D E C L A R A T I O N   = = =   

• Whereas I was a member of the United States Senate in 2016, and
   
• Whereas on February 16th 2016 a vacancy on the supreme Court of the United States occurred as a consequence of the passing of Justice Antonin Scalia, and
   
• Whereas only by and with the advice and consent of the Senate can the President's nomination to fill such a vacancy be confirmed, and
   
• Whereas the Senate withheld its advice by refusing to hold confirmation hearings to examine the fitness for office of the President's nominee, as a majority of senators indicated they would not vote to confirm any nominee of the President, and
   
• Whereas a number of senators stated that their reason for voting not to confirm would be to assure that voters would have a voice, say or role in determining the direction of the Supreme Court, the vacancy having occurred prior to a soon to be held federal election, and
   
• Whereas I am one of those senators, and
   
• Whereas I am currently a member of the United States Senate, and
   
• Whereas on September 19th, 2020 a vacancy on the supreme Court of the United States occurred as a consequence of the passing of Justice Ruth Bader Ginsburg, and
   
• Whereas only by and with the advice and consent of the Senate can the President's nomination to fill such a vacancy be confirmed, and
   
• Whereas I am prospectively voting to confirm the current nominee of the President to fill the aforementioned vacancy prior to a soon to be held federal election, and
   
• Whereas if I vote to confirm the President's nominee I am manifestly not concerned that the voters have a say, voice or role in determining the direction of the Court, and
   

 = = = [Choose option A, B or C] = = =
 

Option A:
 

• Whereas in 2016 I was not genuinely concerned that the voters have a say in determining the direction of the court though I did voice such concerns,
   

Now be it known that upon casting my vote to confirm the current President's current nominee to fill the Ginsburg vacancy it shall be acknowledged and declared to all that I AM A LIAR.
 

Option B:
 

• Whereas in 2016 I was genuinely concerned that the voters have a say in determining the direction of the court and did voice such concerns,
   

Now be it known that upon casting my vote to confirm the current President's current nominee to fill the Ginsburg vacancy it shall be acknowledged and declared to all that I AM A HYPOCRITE.
 

Option C:
 

• Whereas I AM NEITHER A LIAR NOR A HYPOCRITE,
   

Now be it known that
 

• Given the opportunity I will advocate to defer action on filling the Ginsburg vacancy, and
   
• If denied the option to defer, I will vote to reject the nomination of the current nominee without prejudice to her qualifications, but rather in objection to the process by which the vote on her nomination was brought forth.
   

By: Senator _____________________ 

Date:  _____________

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