Senator Mike Lee isn’t ever really known for holding back. The senior Senator from Utah has long been an advocate for Constitutionally sound principles, at times bucking the trends from his party when he has felt they have crossed a line. Lee has a libertarian streak to him, much like another Senator who speaks his mind when he needs, Rand Paul.
As the discussion regarding replacing recently-passed Supreme Court Judge Ruth Bader Ginsburg intensifies, so do the calls from Democrats to postpone the confirmation process until after the election. Senator Mike Lee had a few things to say about that, and those things are said in a very much “Mike Lee” fashion:
“In 2016, President Obama nominated a replacement for Justice Scalia and my Senate colleagues and I gave our advice and consent on the nominee, consistent with the Constitution, by rejecting him. This year, President Trump will nominate a replacement for Justice Ginsburg and, consistent with the Constitution, we will again give our advice and consent. If we like the nominee, we will confirm her. If we don’t, we won’t. It’s that simple.”
— Mike Lee (@SenMikeLee) September 21, 2020
It doesn’t get much simpler. Some called his statement disingenuous and lies, but interestingly enough, a law professor from UC Berkeley (of all places) (and Harvard Law Grad himself) weighed in to provide his opinion:
I disagree, Carissa, and I think Lee's view is correct. If i were a Senator I would have wanted a hearing and voted to confirm Judge Garland to the Supreme Court. But I don't think the Senate has any constitutional obligation to have a hearing or a vote.
— Orin Kerr (@OrinKerr) September 21, 2020
FWIW, I would have said that the Constitution requires the Senate's consent to make the nominee a Justice, and the Senate did not consent, as it is entitled to do, rather than that it "gave its consent" and rejected the nominee. But I think the substance is the same.
— Orin Kerr (@OrinKerr) September 21, 2020
In another interesting observation, while I know President Trump has stated that he will nominate a woman, Mike Lee says they “will confirm her.” Though we know that he could be referring to Trump’s female preference, is there something Senator Lee knows that we don’t? Only time will tell!
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