McConnell claims that instance of an election-year SCOTUS appointment doesn't count because-- while a Democratic Congress *did* confirm the GOP nominee -- it was originally a recess appointment and the formal confirmation didn't happen until early 1957.
This has all been part of a series of steadily shifting goalposts.
The original claim was that there hadn't ever been an election-year confirmation of a Supreme Court nominee, which was just flatly untrue.
The original claim was that there hadn't ever been an election-year confirmation of a Supreme Court nominee, which was just flatly untrue.
Then the claim that there hadn't been an election-year nominee confirmed *by an opposition party* which was, of course, refuted by William Brennan and Anthony Kennedy.
Brennan was waved away on the grounds above.
Brennan was waved away on the grounds above.
And Kennedy?
Well, Kennedy didn't count either because either (a) the nomination process began much earlier with the failed Bork and Ginsberg nominations or (b) Kennedy's nomination was less than a year before the election but technically in a different calendar year (11/11/87)
Well, Kennedy didn't count either because either (a) the nomination process began much earlier with the failed Bork and Ginsberg nominations or (b) Kennedy's nomination was less than a year before the election but technically in a different calendar year (11/11/87)
The goalposts have been moved repeatedly on this claim, with McConnell and company waving away example after example because this one doesn't count for some reason and that one doesn't count for another.
(Leaving aside that the N we're dealing with here is small to begin with)
(Leaving aside that the N we're dealing with here is small to begin with)
So the claim now is that no Supreme Court justice who was nominated during an election year by a president of one party has been confirmed by the other party since 1880.
Which is true! But also, doesn't really say a whole lot, does it?
Which is true! But also, doesn't really say a whole lot, does it?
I mean, this is like an NFL player bragging that he holds the TD record ... for left-handed fullbacks who debuted in a Monday night game played inside a dome against an AFC North team.
Sure, that might be true. But who the hell really cares?
Sure, that might be true. But who the hell really cares?
