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Dem Hypocrisy Watch

Mike Reed - July 10, 2018

Some on the left are already signaling they intend to needlessly delay the confirmation hearings for Judge Brett Kavanaugh.

Today, the RNC released a video reminding Democrats they once urged for prompt hearings and confirmation votes for Justices Elena Kagan in 2010 (a mid-term election year) and Sonia Sotomayor in 2009. Both nominees received confirmation votes in less than 90 days.

It shouldn’t be any different this time.

It Shouldn’t Be Any Different This Time

During A May 2010 News Conference On The Nomination Of Kagan, Then-Chairman Of The Judiciary Sen. Patrick Leahy Stated “Obviously We’ll Finish This Summer” So She Can Be On The Court Before The Start Of The Fall Session. REPORTER: “Senator, given that you’ve gone through this process already last -- (inaudible) -- think you can move the confirmation hearings in a quicker time frame than you did with the Sotomayor nomination? And what would that time frame be?” SEN. LEAHY: “I will -- I will meet with Ms. Kagan this week. After I’ve met with her, I’ll talk with the ranking member, as I always do, and then I will set a timetable. You know, obviously we’ll finish it this summer so she can be sitting on the court when it comes back into session either in September or October. Yes.” (“Senator Leahy On Elena Kagan Supreme Court Nomination,” C-SPAN, 5/10/10)

Sen. Chuck Schumer Was Quoted As Saying “There Is No Reason Why [Kagan’s] Confirmation Should Not Be Completed Before The August Recess.” “Elena Kagan is the kind of moderate, experienced legal leader who can and should receive bipartisan support in the Senate. The fact that she has so much practical experience, on a Court where it is missing, should be considered an asset. She has a long record as a consensus builder, and is the kind of person who can bridge the 5-4 splits that have become so routine on this Court. There is no reason why her confirmation should not be completed before the August recess.” (Celeste Katz, “Kagan Reactions Coming Fast (And Some Furious),” New York Daily News, 5/10/10) 

Then-Senate Majority Leader Harry Reid Claimed Democrats Were Being “Overly Generous” To Republicans With Their Confirmation Timeframe For Sotomayor. “We are doing our utmost to have this nominee have a fair hearing. We want to make sure the Republicans have all the time they need, but history doesn’t lie, and history suggests we are being overly generous with this good woman. She will be a wonderful addition to the Court, and I would hope we can move forward and have this matter resolved quietly, respectfully, and fairly.” (“Senate Session,” C-SPAN, 6/9/09)

Sen. Dick Durbin Stated The Senate Should Bring Up Sotomayor’s Confirmation “In A Timely Fashion” So The Supreme Court Could Have “A Full Complement Of Justices To Consider Important Cases.” “I hope the Senate will bring her nomination before us in a timely fashion so that if she is approved, and I believe she will be approved by the Senate, that she can cross the street to the U.S. Supreme Court and be there in September. To make certain that the Court has a full complement of Justices to consider important cases.” (“Senate Session,” C-SPAN, 7/16/09)

Speaking On Republican Requests For More Time To Study Sotomayor’s Record, Sen. Schumer Claimed Their “Reason For Delay Is Delay Alone.”  “So the bottom line is very simple. One can only come to the conclusion that the reason for delay is delay alone, not needing time to study a public, ample record. So I would urge my colleagues on the other side to reconsider.” (“Senate Session,” C-SPAN, 6/9/09)

Sen. Dick Durbin Said If Democrats Allowed Republicans’ Requests For More Time, “Justice Delayed Could Be Justice Denied,” As There Could Be A Vacancy On The Court In The Fall Session. “The last point I would make, consistent with the Senator from California, is that justice delayed could be justice denied. In this case, if we continue this hearing for a record-breaking period of time--which has been requested by the Republican side--it will mean we will have a vacancy on the Supreme Court when it begins its important work this fall.” (“Senate Session,” C-SPAN, 6/9/09)

Sen. Feinstein Said There Was “Simply No Reason” The Senate Couldn’t Follow The Same 72-Day Confirmation Time Frame For Sotomayor That Was Used For Chief Justice Roberts, Calling It “Eminently Reasonable.” “The timeframe set by Chairman Leahy for this nomination is eminently reasonable. The Senate confirmed Chief Justice Roberts in 72 days. There is simply no reason that we can’t follow the same time frame for Judge Sotomayor’s nomination.” (“Executive Business Meeting,” Senate Judiciary Committee, 6/11/09)

Sen. Feinstein Accused Republicans Of “Delay For The Sake Of Delay,” Referring To It As “Machiavellian.” “Delay for due diligence may be one thing. But delay for the sake of delay is another. And I’ve got to tell you, candidly, that’s what I believe is going on. It’s Machiavellian delay. It’s the way to obfuscate. It’s the way to prevent.” (“Executive Business Meeting,” Senate Judiciary Committee, 6/11/09)

Discussing Potential Procedural Delays In Sotomayor’s Confirmation, Leahy Stated: “We’re Elected And Paid Well To Come Here And Vote Up Or Down.” (“Judge Sotomayor Nomination,” C-SPAN, 7/7/09)


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