Just as we should follow the science, we must follow the Constitutional scholars
/Nominate and vote on Ginsburg replacement now.
Article II of the Constitution is explicit that the president "shall nominate . . . judges of the Supreme Court." There is no exception to this provision for election years. Throughout American history, presidents have nominated individuals to fill vacancies during the last year of their terms. Likewise, the Senate's constitutional duty to "advise and consent" – the process that has come to include hearings, committee votes, and floor votes – has no exception for election years…. We urge the President to nominate as soon as reasonably possible an individual to fill the vacancy existing on the Court and the Senate to hold hearings and vote on the nominee.
Of course, they wrote this in 2016, and almost certainly did not mean it to be taken seriously now that the shoe is on the other foot. But it might be worth asking them.”
Plus: “A very similar letter was sent by 350 or so law professors to the Senate Judiciary Committee, concluding: ‘The Senate Judiciary Committee should hold a prompt and fair hearing and the full Senate should hold a timely vote on the president’s nominee.'”
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