Historical Scholar Debunks All Arguments Senate Republicans Employed to Obstruct Obama's Supreme Court Nominee
In an op-ed published recently, Mark S. Byrnes, a professor at Wofford College, has criticised GOP Senator Orrin Hatch for his claims regarding the obstruction of President Obama's Supreme Court nominee, Merrick Garland.
Byrnes took issue with Hatch's argument that the Senate should not confirm a nominee late in a term-limited president's time in office. The professor pointed out that the Senate has, in fact, confirmed a nominee during one of the most contentious election years in American history – 1968 – when President Lyndon B. Johnson nominated Abe Fortas.
Byrnes also argued that all Supreme Court vacancies are created equal, regardless of who the president is replacing. He urged Republicans to make a substantive argument against Judge Garland, rather than acting like "cowards."
The historian also debunked Hatch's claim that the 2012 election did not include an asterisk allowing Obama to replace justices with whom he agreed. Byrnes noted that President Obama nominated Garland, a centrist who has been praised by Republicans, including Hatch himself, in the past.
Byrnes further refuted Hatch's argument that the Senate has never done this before, citing historical evidence to the contrary. If the rule were as Hatch suggested, Clarence Thomas would not be on the bench, as former President George H. W. Bush would have had to nominate someone with a liberal philosophy similar to Thurgood Marshall, whom Thomas replaced.
The professor also criticised Hatch for using the current election's nastiness as an excuse not to do his job. Byrnes accused Hatch of getting American history wrong, as he criticised the senator for accusing President Obama of disagreeing with the philosophy of the late Justice Antonin Scalia.
Byrnes, who has previously stated that Scalia was one of the worst Supreme Court Justices in U.S. history, also criticised Scalia's decisions as being easily swayed by gifts and his dissents as glorified temper tantrums.
In conclusion, Byrnes' op-ed serves as a stark reminder that the obstruction of Judge Garland's confirmation is inconsistent with previous Senate practices and norms regarding judicial confirmations. If Republicans vote against Judge Garland, they should accept the political consequences of that vote.
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