The GOP presidential candidate—and at least two of his rivals—are acting as if the meaning of the Constitution changes depending on the timing of the next election.
Antonin Scalia is dead. Is it legitimate for the Republican-controlled Senate to refrain from confirming a replacement for the late Supreme Court justice until a new president is elected, as Ted Cruz, Marco Rubio, Ben Carson and others on the right have urged? Or does the Senate have an obligation to approve a qualified nominee put forth by President Obama, as many on the left argued as soon as news of the death broke?
The debate on Twitter was instantaneous. “The Democrat-controlled Senate confirmed Ronald Reagan's nominee to the Court, Anthony Kennedy, in his last year in office: 1988,” the liberal journalist Glenn Greenwald observed. Jim Antle, a paleoconservative, retorted with a Robert Bork reference, writing, “And it wouldn't quite have been in his final year if first choice had been confirmed in 1987.”