by Lyra Bordelon
After the passage of Supreme Court Justice Ruth Bader Ginsburg on Friday, September 18, Senator Majority Leader Mitch McConnell announced the Senate would be voting on President Donald Trump’s nominee to fill the seat. West Virginia’s two senators seem to have three opinions about how the nomination process should be considered during an election year.
In 2016, after the passing of Supreme Court Justice Antonin Scalia, President Barack Obama nominated Judge Merrick Garland to fill his seat. However, the Senate, led by McConnell, didn’t take a vote on the nominee, instead stating the American people should decide the next president before a nominee was selected. From March 2016 to April 2017, the seat was left unfilled until Trump nominated and the Senate confirmed Neil Gorsuch to the court.
Senator Joe Manchin recalled this unprecedented delay in 2016 in his statement on how he would consider a potential replacement for Ginsberg.
“For the sake of the integrity of our courts and legal system, I do not believe the U.S. Senate should vote on a U.S. Supreme Court nominee before the November 3rd election,” wrote Manchin. “For Mitch McConnell and my Republican colleagues to rush through this process after refusing to even meet with Judge Merrick Garland in 2016 is hypocrisy in its highest form. The U.S. Supreme Court is the highest court in the land and it is simply irresponsible to rush the adequate and proper vetting required of any new candidate for the bench. Pursuing an overtly partisan approach to confirming a Supreme Court Justice will only deepen the political tribalism we are witnessing across this country. I implore every Senator, regardless of party, to honor their responsibility to act in a manner that brings this country together rather than feed a cycle of endless political division.”
In a statement on September 22, Capito looked to move forward with filling Ginsburg’s seat.
“President Trump and the Republican Senate, both elected by the American people, should act to fill the Supreme Court vacancy left by Justice Ginsburg’s passing,” wrote Capito on social media. “The Constitution authorizes the president to name a nominee, and it gives the Senate the power to approve or disapprove of that nomination. West Virginians and the American people expect us to exercise that responsibility. I support the choice to move forward with the confirmation process and will consider President Trump’s nominee on her merits as West Virginians would expect me to do. In these trying and polarized times, it is important to exercise our constitutional authority and move forward with the process.”
Although Capito is looking to move forward with a potential Trump nominee, she took a different position on Garland’s nomination in 2016.
“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,” Capito said in a press release on March 16, 2016. “My position does not change with the naming of a nominee today. … Anyone confirmed to the Supreme Court will play a key role in decisions on monumental issues ranging from EPA regulations that affect West Virginia’s energy sector, to immigration and Second Amendment rights. With just a few months until the election, West Virginians should have an opportunity to express their views and elect a new president who will select the Supreme Court justice.”
A potential nominee for the seat has not been announced by Trump as of press time on Tuesday, September 22.
Both senators offered their condolences for Ginsburg’s family and mourned the loss of the justice whose work massively changed the United States before she took a seat on the highest court.
“My thoughts and prayers are with Justice Ruth Bader Ginsburg and her family,” Manchin said. “Justice Ginsburg dedicated her life to public service. She was a voice for the voiceless and built a career fighting for equal treatment under the law for every American citizen. After 27 years on our nation’s highest court and a lifetime fighting for the principles of democracy, she leaves behind a remarkable legacy. In this time of sorrow, I pray that our country can unite in sending our most heartfelt condolences to her children, grandchildren and all who mourn the loss of this courageous woman.”
“As a strong and fearless female leader and dedicated public servant, Justice Ginsburg served our country with honor and distinction,” Capito said. “Her towering legacy will be remembered for generations to come. Charlie and I offer our deepest condolences to Justice Ginsburg’s family during this incredibly difficult time.”
