As they rally behind Trump’s pick, GOP senators struggle to explain refusal to move on Obama’s nominee – CNN
"The next election is too soon, and the stakes too high," Gardner, a Republican from Colorado, said in March of that year.
Asked on Wednesday about his 2016 comments, amid President Donald Trump's effort to fill a vacant Supreme Court seat less than two months before an election, Gardner didn't answer when approached by CNN.
"If you didn't see my statement, I'll send it to you," Gardner, battling to keep his seat for a second term, said as he got on a senators-only elevator.
That statement, however, said nothing about his past position, instead noting that if a qualified nominee he supports comes forward now: "I will vote to confirm."
As Senate Republicans and the White House race to fill a Supreme Court seat following the death of Ruth Bader Ginsburg, many have struggled to reconcile their support for confirming Trump's nomination on the eve of an election with their steadfast opposition to even considering the nomination made by a Democratic President eight months prior to Election Day. Party leaders are pointing to the different partisan makeup in Washington, arguing it's normal to confirm a nominee when the same party controls both the Senate and the White House and not the norm in an election year with divided government like in 2016.
But four years ago, that was not the message pushed by much of the Republican Party as they stressed repeatedly -- for months -- that it should be the voters who get a say in effectively choosing the next Supreme Court nominee, defending Senate Majority Leader Mitch McConnell's refusal to move on the vacancy, which was later filled by Trump's pick of Neil Gorsuch in 2017.
"In the midst of a critical election, the American people deserve to have a say in this important decision that will impact the course of our country for years to come," Iowa Sen. Joni Ernst said in March 2016. "This is not about any particular nominee; rather this is about giving the American people a voice."
On Wednesday, Ernst refused to answer a question about whether voters should have a voice now over the Ginsburg seat, walking in silence as a reporter asked her three times about her 2016 statement as she was departing the Capitol.
Others like Ernst who are also in difficult reelection races are reluctant to engage when asked to reconcile their past position with their support for Trump's move now.
"I got people waiting for me," said Georgia Sen. David Perdue, not responding to questions for the third time this week about his 2016 statement that not holding hearings on Obama nominee Merrick Garland "is a wise course of action in the midst of a presidential election."
Montana Sen. Steve Daines, a Republican from a state that Trump won by more than 20 points in 2016, is locked in a tight race with Democratic Gov. Steve Bullock -- and is making clear he's fully behind Trump's nominee, who is scheduled to be named Saturday evening.
But in 2016, Daines said: "The American people have already begun voting on who the next President will be and their voice should continue to be reflected in a process that will have lasting implications on our nation."
Asked about that past statement on Wednesday, Daines said that the President has "a responsibility under the Constitution to nominate a justice -- the Senate can either confirm or reject the nominee." Daines said in 2016 Republicans rejected a "liberal justice" and now when Trump makes his pick, "I will stand in support of that conservative."
"There's a very clear difference right now in terms of what kind of justice should be on the Supreme Court," Daines said. "I support conservatives, my opponent supports liberals."
When asked why the voters shouldn't have a say, Daines responded: "They had a choice: They elected President Trump and a Republican Senate."
Sen. Thom Tillis, in a neck-and-neck race with Democrat Cal Cunningham in North Carolina, said Trump is "not a lame-duck" president like Obama was.
But in 2016 comment, Tillis said: "This is about the principle, not the person," and that the American people should have a "voice" to determine the direction of the court. Asked about statement, Tillis said Wednesday: "We knew that President Obama was on his way out the door. We were months away from an election. But at the end of the day, we support moving forward with the process" now.
Democrats argued for confirmation vote in election year four years ago
It's not just Republicans forced to reconcile their past positions. Democrats, too, spent months in 2016 demanding the seat be filled, warning about the dangers of having just eight seats on the Supreme Court.
"Every day that goes by without a ninth justice is another day the American people's business is not getting done," Senate Democratic Leader Chuck Schumer said four years ago.
Minnesota Sen. Amy Klobuchar, a Democratic member of the Senate Judiciary Committee, who four years ago made urgent appeals for an up-or-down vote on Obama's nominee, said the two circumstances are totally different.
"You cannot have one seat of rules for a Democratic President and another set of rules for Republicans," she said.
Sen. Richard Blumenthal of Connecticut, another member of the committee, also repeatedly lambasted Republicans for refusing to hold a confirmation vote in the 2016 election year.
Asked to reconcile the two positions, Blumenthal said: "We argued nine months before the election a seat should be filled rather than waiting, in effect, a full year. The (confirmation) vote will occur within days, less than a week probably of the election. Literally, people are going to the ballot. They are voting right now in seven states. The circumstances are just totally different."
Democrats argue that never in history has a Supreme Court justice been confirmed after July in an election year, a point that Schumer made on the Senate floor Wednesday.
In an exchange with the presiding officer -- GOP Sen. Kelly Loeffler, herself in a tough fight to keep her Georgia seat -- Schumer asked if there was precedent for confirming a nominee between July and November in a presidential election year.
"Materials from the secretary of the Senate do not show such precedent," Loeffler said.
Republicans argue that the fine points over which parties are controlling the White House and Senate at the time of an election year vacancy are critical and validate their actions to block Garland in 2016 and move forward with a nominee now. They say that only 15 times in history has a Supreme Court vacancy occurred in an election year and the President has nominated a candidate. Of those 15, seven occurred when the Senate was controlled by the opposite party. Only two of those nominees were confirmed, the last in 1888.
And for the eight times that the White House and Senate were of the same party, nominees were confirmed seven times. The lone person who was not confirmed, Abe Fortas for chief justice in the late 1960s, faced corruption charges and his nomination was withdrawn.
"Apart from that one strange exception, no Senate has failed to confirm a nominee in the circumstances that face us now," McConnell said Monday. "The historical precedent is overwhelming and it runs in one direction. If our Democratic colleagues want to claim they are outraged, they can only be outraged at the plain facts of American history."
GOP's 2016 message
But even as McConnell has pointed out in 2016 that he raised how one-party rule is different than divided government, even the GOP leader himself was emphasizing four years ago how it was up to the voters to decide the direction of the court that November.
"The next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country," McConnell said on the floor in March 2016. "So, of course, of course, the American people should have a say in the court's direction."
Sen. Marco Rubio, who ran for President in 2016, told reporters in the Capitol shortly after he dropped out that year, that he opposed Garland and added: "I don't think we should be moving forward on a nominee in the last year of this President's term. I would say that if it was a Republican president."
Asked about that past statement, Rubio told CNN this week: "Here's the bottom line: if the President nominates someone as he is allowed to do, and they put someone up that I support, I'm not going to vote against the judges I support. It's as simple as that."
"No, I am not," Rubio said when asked if he was contradicting his past position. The senator pointed to remarks he made that year on NBC's "Meet the Press" where he said a president should not nominate someone in their last year "especially in their second term," though he didn't mention the second term in his interaction with reporters in the Capitol.
Some Republicans have different reasons for reversing their stances, including Senate Judiciary Chairman Lindsey Graham, who vowed in 2016 and 2018 not to move ahead with a nominee in 2020. But Graham, locked in a tough reelection battle in South Carolina, said that his views changed in the aftermath of the vicious Supreme Court fight that led to the confirmation of Brett Kavanaugh in 2018.
Sen. John Cornyn, a member of the Senate Judiciary Committee and facing reelection in Texas, said in 2016 that it was "an important principle" to give voters a say in driving the direction of the court.
"This is really about an important principle," Cornyn said in March 2016. "It's important to allow the voters, in choosing the next President of the United States, make that decision and make sure their voice is heard rather than just 100 members of the Senate."
But asked this week about that position, Cornyn said he took that view "because President Obama was term limited out."
Some more recently have voiced paused about filling a vacancy.
The chairman of the committee at the time, Iowa Sen. Chuck Grassley, told CNN in late July of this year that he didn't think the Senate should move on any vacancy that could occur. "My position is if I were chairman of the committee, I couldn't move forward with it."
But earlier this week, days after the death of Ginsburg, Grassley sided with his party's decision to press ahead with a nominee now.
Asked what changed between now and July, Grassley told CNN on Wednesday that he's not the chairman of the committee and said he was being consistent.
"If Graham goes ahead with a hearing, he can expect me to be there, and I have a responsibility to be there."
Asked about voting no based on principle, given his past concerns about pressing ahead this year, Grassley said: "I'm going to vote on the qualifications of the nominee."
CNN's Daniella Mora and Dominic Torres contributed.
Continue reading here:
As they rally behind Trump's pick, GOP senators struggle to explain refusal to move on Obama's nominee - CNN
- Where Is Obama? Im Out Here! He Told Me. Watch the Interview. - Mother Jones - July 18th, 2025 [July 18th, 2025]
- Obama Continues to Lecture His Fellow Democrats Instead of Battling the Trump Agenda - Esquire - July 18th, 2025 [July 18th, 2025]
- Barack and Michelle Obama address divorce rumors - WUSA9 - July 18th, 2025 [July 18th, 2025]
- George W. Bush Was 'Kind of Mad' at Daughter for Asking Him About Obama Divorce Rumors: 'I Know Them and It Isn't True' - People.com - July 18th, 2025 [July 18th, 2025]
- 'She took me back': Barack, Michelle Obama address and joke about divorce rumors - ABC News - Breaking News, Latest News and Videos - July 18th, 2025 [July 18th, 2025]
- Michelle and Barack Obama Reveal Whos the Grumpiest, the Messiest and the Most Romantic - MSN - July 18th, 2025 [July 18th, 2025]
- Barack Obama gets candid about why he would have had difficulty raising a son - TheGrio - July 18th, 2025 [July 18th, 2025]
- Jesse Watters: Boring Barack Obama is trying to save the Democratic Partys appeal to male voters - Fox News - July 18th, 2025 [July 18th, 2025]
- Barack Obama's first statement on divorce rumors: 'She took me back!' - Times of India - July 18th, 2025 [July 18th, 2025]
- Barack, Michelle Obama laugh off divorce rumors: See their relationship through the years - USA Today - July 18th, 2025 [July 18th, 2025]
- Barack Obama Believes It Wouldve Been Difficult To Raise A Son - VIBE.com - July 18th, 2025 [July 18th, 2025]
- F*ggot: Antonio Brown sparks outrage with homophobic slur aimed at Barack Obama over inclusive friendsh - Times of India - July 18th, 2025 [July 18th, 2025]
- Barack Obama reveals why having sons wouldve terrified him - rollingout.com - July 18th, 2025 [July 18th, 2025]
- Are Barack & Michelle Obama Getting Divorced? They Finally Address the Rumors - Swooon - July 18th, 2025 [July 18th, 2025]
- Former President George W. Bush Was Really 'Mad' His Daughter Asked Him About The Obama Divorce Rumors - The Blast - July 18th, 2025 [July 18th, 2025]
- Trump dodges question on if hes in Epstein files and claims Obama and James Comey made them up - The Independent - July 16th, 2025 [July 16th, 2025]
- Obama bros confronted on Democratic Party's intolerance problem, history of excluding people - Fox News - July 16th, 2025 [July 16th, 2025]
- Obama's call to action for Democrats: 'Toughen up' and 'less whining' - MSNBC News - July 16th, 2025 [July 16th, 2025]
- Obama slams Big Law attorneys who won't fight Trump because they want to 'finish that kitchen rehab' at their Hamptons homes - Business Insider - July 16th, 2025 [July 16th, 2025]
- Trump says Obama and Biden made up the Epstein files - The Times - July 16th, 2025 [July 16th, 2025]
- Obama Delivers Tough Talk to Dems on How to Defeat Trump - The Daily Beast - July 16th, 2025 [July 16th, 2025]
- In defence of Step Brothers: the platonic ideal of Obama-era comedy - The Guardian - July 16th, 2025 [July 16th, 2025]
- Barack and Michelle Obama address divorce rumors in playful podcast moment: Touch and go for a while - Page Six - July 16th, 2025 [July 16th, 2025]
- Trump denies being cited in Epstein documents, calls files fabricated by Comey and Obama - WCIV - July 16th, 2025 [July 16th, 2025]
- Barack Obama reveals why it would have been difficult to raise a son after having two daughters - The Independent - July 16th, 2025 [July 16th, 2025]
- Barack Obama demands less whining and more action from Democrats - MassLive - July 16th, 2025 [July 16th, 2025]
- Charlamagne criticizes Obama's 'mind-boggling' advice to Democrats as too little, too late - Fox News - July 16th, 2025 [July 16th, 2025]
- Why Barack and Michelle Obama Would Have Had Difficulty Raising a Son - instyle.com - July 16th, 2025 [July 16th, 2025]
- Barack Obama says raising a son wouldve been more difficult than raising Sasha and Malia - HOLA - July 16th, 2025 [July 16th, 2025]
- Obama Calls Out Biglaw Firms That Capitulated To Trump - Above the Law - July 16th, 2025 [July 16th, 2025]
- Barack Obama Explains Why He Would Have Had 'Difficulty' Raising a Son After Parenting 2 Daughters (Exclusive) - People.com - July 16th, 2025 [July 16th, 2025]
- Whoopi Goldberg claps back at Obama's claim that Democrats need to stop "whining": "You are pointing the finger at the wrong... - July 16th, 2025 [July 16th, 2025]
- Frustrated with leadership under Trump? Obama calls on Democrats to 'toughen up' - USA Today - July 16th, 2025 [July 16th, 2025]
- Whoopi Goldberg criticizes Barack Obama for saying Democrats need to 'toughen up' - Entertainment Weekly - July 16th, 2025 [July 16th, 2025]
- Former Obama speechwriter admits shunning conservative in his family was a mistake - Fox News - July 16th, 2025 [July 16th, 2025]
- Barack and Michelle Obama reveal hard times as they directly address divorce rumors - UNILAD - July 16th, 2025 [July 16th, 2025]
- Obama admits he would've been more 'judgmental' if he had a son over daughters - Daily Express US - July 16th, 2025 [July 16th, 2025]
- Barack Obama Wants Democrats To Be the YIMBY Party. That's Easier Said Than Done. - Reason Magazine - July 16th, 2025 [July 16th, 2025]
- Former President Obama tells Democrats to toughen up and stop looking for the messiah - TheGrio - July 16th, 2025 [July 16th, 2025]
- Barack Obama reveals why it would have been difficult to raise a son after having two daughters - Yahoo - July 16th, 2025 [July 16th, 2025]
- Obama urges Democrats to toughen up amid frustration under Trump - The Boston Globe - July 16th, 2025 [July 16th, 2025]
- Jennifer Aniston sparks dating buzz with hypnotist Jim Curtis as netizens joke, Wheres Obama? - Hindustan Times - July 14th, 2025 [July 14th, 2025]
- Trump warned he could lose House over Epstein files row; pins blame on Obama and Biden - Hindustan Times - Hindustan Times - July 14th, 2025 [July 14th, 2025]
- New book claims Trump asked Obama this surprising question at Jimmy Carters funeral - The Economic Times - July 14th, 2025 [July 14th, 2025]
- Joined by Obama and Sherrill, Murphy raises more than $1.5 million for DNC - New Jersey Globe - July 12th, 2025 [July 12th, 2025]
- Larry David returns to TV with a heavy heart for Barack Obama-backed HBO sketch comedy - Los Angeles Times - July 12th, 2025 [July 12th, 2025]
- Obama is back on the fundraising circuit trying to help Democrats rebound for upcoming elections - The Independent - July 12th, 2025 [July 12th, 2025]
- Obama Steps Into the Ring to Deliver a Knockout Blow to Trump - The Daily Beast - July 12th, 2025 [July 12th, 2025]
- Obama, Backing New Larry David History Show, Avoids the Democratic Resistance to Trump - The New York Sun - July 12th, 2025 [July 12th, 2025]
- Pretty, pretty presidential: Everything to know about HBOs American history sketch comedy from Larry David and Barack Obama - Gold Derby - July 12th, 2025 [July 12th, 2025]
- Mamdani campaign dishes out millions to firm of key media strategist for Obama campaigns: 'She's the best' - Fox News - July 12th, 2025 [July 12th, 2025]
- Barack Obama and Larry David Are Working On a TV Series About US History - La Voce di New York - July 12th, 2025 [July 12th, 2025]
- Larry David Trolls Bill Maher With His New Barack Obama Partnership - Pajiba - July 12th, 2025 [July 12th, 2025]
- From Barack Obama to Emmanuel Macron, global leaders hit by AI and deepfakes - The Indian Express - July 10th, 2025 [July 10th, 2025]
- Heres what Trump and Obama laughed and talked about at Jimmy Carters funeral, new book reveals - New York Post - July 10th, 2025 [July 10th, 2025]
- Michelle Obama: I learned this great parenting tip from my mom and dadthey did a 'beautiful job' modeling it - CNBC - July 10th, 2025 [July 10th, 2025]
- Trump Asked Obama This Surprising Question at Jimmy Carter's Funeral, New Book Claims - People.com - July 10th, 2025 [July 10th, 2025]
- Michelle Obama frets young women are not allowed the unearned confidence young men have - Fox News - July 10th, 2025 [July 10th, 2025]
- Barack Obama To Speak At The O2 London, 3Arena Dublin - Pollstar News - July 10th, 2025 [July 10th, 2025]
- 'Telling the American story' Obama, Pence to speak at the Global Summit in Erie | Opinion - Erie Times-News - July 10th, 2025 [July 10th, 2025]
- Malia Obama Has the Bag Collection of My Dreams - Teen Vogue - July 10th, 2025 [July 10th, 2025]
- This is what President Trump asked Obama at Jimmy Carters funeral, new book claims - PennLive.com - July 10th, 2025 [July 10th, 2025]
- These 3 Words Help Teach Kids Critical Thinking, Say Michelle Obama (and Psychologists) - Inc.com - July 10th, 2025 [July 10th, 2025]
- Heres what smiling Trump, Obama really talked about at Carter funeral - SILive.com - July 10th, 2025 [July 10th, 2025]
- What Obama, Trump Discussed During Viral Interaction Finally Revealed - Newsradio WTAM 1100 - July 10th, 2025 [July 10th, 2025]
- Details About Trump & Obama's Exchange At Jimmy Carter's Funeral Revealed - Black Information Network - July 10th, 2025 [July 10th, 2025]
- Michelle Obama on confidence gender gap: Men have it, even when they havent earned it - Washington Examiner - July 10th, 2025 [July 10th, 2025]
- What Obama, Trump Discussed During Viral Interaction Finally Revealed - iHeart - July 10th, 2025 [July 10th, 2025]
- Obama directed intelligence communitys Trump-Russia witch hunt, CIA review reveals - BLiTZ - Fears None But God - July 10th, 2025 [July 10th, 2025]
- What Trump really said to Obama as they were spotted laughing at Jimmy Carter's funeral finally revealed - UNILAD - July 10th, 2025 [July 10th, 2025]
- Letter to the Editor: Deporter-in-Chief? Thats Obama, not Trump - courierherald.com - July 10th, 2025 [July 10th, 2025]
- 'Truth' behind Donald Trump and Barack Obama's friendly talk at Jimmy Carter's funeral as laughter stunned onlookers - The US Sun - July 10th, 2025 [July 10th, 2025]
- What Donald Trump Said To Barack Obama At Jimmy Carter's Funeral - The Blast - July 10th, 2025 [July 10th, 2025]
- We Finally Found Out What Trump And Obama Were Talking About At Jimmy Carter's Funeral - Yahoo - July 10th, 2025 [July 10th, 2025]
- America Doesn't Like Trump: Obama and Even JD Vance are More Popular - thedailypoliticususa.com - July 10th, 2025 [July 10th, 2025]
- Barack Obama heads to the UK for talks - voice-online.co.uk - July 8th, 2025 [July 8th, 2025]
- Michelle Obama had to fight back tears during podcast. Heres why - PennLive - July 8th, 2025 [July 8th, 2025]
- Barack Obama to lift the lid on life in office in two live appearances - The Independent - July 8th, 2025 [July 8th, 2025]
- FanDuel adds former Obama advisor and ex-NFL head to policy team - EGR North America - July 8th, 2025 [July 8th, 2025]
- Obama's scathing assessment of Biden's failed campaign revealed - Fox News - July 8th, 2025 [July 8th, 2025]