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Supreme Hypocrisy (Even For A Clinton)

- March 28, 2016

Today, Clinton Will Try To Spin Her Past Actions As A Senator And Ignore The Precedent Set By Current Democrat Leadership For How To Handle Election Year Supreme Court Nominations

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TOP TAKEAWAYS

  • Today, Clinton will hypocritically challenge Senate Republicans' position against confirming a Supreme Court nominee during a presidential election year.
  • Clinton will be forced to flip-flop on her 2005 comments acknowledging that the Senate has a constitutional right to "deny advice and consent" on a Supreme Court nominee, as well as ignore the filibuster tactics she used to delay current Justice Samuel Alito's nomination.
  • When questioned about her past actions, Clinton has admitted that as a Senator "you get to use the rules" during the Supreme Court nomination process.
  • Clinton's speech will contradict decades of precedent set by the current Democrat leadership, which calls for a "particularly strong" "tradition against acting on Supreme Court nominations during a presidential year."
  • Clinton will also have to rebuke Obama's past actions as the only President in U.S. history to have voted to filibuster a Supreme Court nominee.
  • Obama has been unable to ignore his own obstructionist record, even being driven to acknowledge his and his party's awkward double-standard.

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Today, Clinton Will Hypocritically Challenge Senate Republicans' Objection To A Presidential Election Year Nomination To The Supreme Court . "In a speech about the Supreme Court that Clinton is scheduled to deliver at the University of Wisconsin at Madison, the Democratic front-runner is expected to single out Iowa Sen. Chuck Grassley and challenge him to hold hearings on the nomination of Merrick Garland to fill the Supreme Court seat vacated last month by the death of Antonin Scalia, according to a campaign official." (Annie Karni, "Clinton To Attack Grassley Over Supreme Court Blockade," Politico, 3/27/'16)

CLINTON WILL BE FORCED TO FLIP-FLOP ON HER 2005 COMMENTS ACKNOWLEDGING THAT THE SENATE'S RIGHT TO "DENY ADVICE AND CONSENT" ON A SUPREME COURT NOMINATION "IS IN THE CONSTITUTION"

While Serving In The Senate In 2005, Clinton Said The Senate's Right To "Deny" A President "Advice And Consent" On A Supreme Court Nomination "Is In The Constitution." THEN-SEN. HILLARY CLINTON (D-NY): "I believe this is one of the most important roles that the Senate plays. This, after all, is in the Constitution. We are asked to give advice and consent, or to deny advice and consent." (Sen. Hillary Clinton, Remarks At The Democrat Women's Leadership Forum, 9/29/05)

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When Questioned Over Her Attempt To Filibuster And Delay Justice Samuel Alito's Nomination, Clinton Defended Her Past Tactics And Comments By Admitting That As A Senator "You Get To Use The Rules"

When Confronted On Her Past Obstructionism On Supreme Court Nominations, Clinton Said The Senate Is Permitted To "Use The Rules" During The SCOTUS Process. NBC'S CHUCK TODD: "As you know, President Obama says he now regrets voting to filibuster Justice Alito's nomination. To quote the White House this week, 'throwing sand in the gears of the confirmation process was a regret.' You joined twenty four other democrats when you were in the senate to filibuster Justice Alito's nomination, you ultimately voted against both Alito and Justice Roberts. Do you also regret that, considering the situation were in now, do you wish that you, like President Obama, feels as if 'oh boy, wish I didn't have that vote? I wish I had hadn't participated in something like that?'" CLINTON: "Well, the way I look at it is this, I did oppose Justice Alito and as you say, Chief Justice Roberts because after meeting with them, listening to them, I did not believe that their judicial philosophy and approach was one that would be best for the country. So, I did, I spoke against him, I voted against him. But, we had a process, you know the nomination was made and we went through the process and what the Republicans today are saying is, 'you can't vote on anything, we don't want the President to send us a nominee.' I think that is very different and what I am saying is number one, the President has the right and obligation, under the constitution, to send forth a nominee, and the senate has an obligation , under the constitution, to approve or not. That's very different from on the floor the senate making your arguments." TODD: "But a filibuster if you had been successful then Judge Alito would not have gotten a vote on the floor the senate." CLINTON: "That's the way the senate operates, you get to have a vote, you get to use the rules and Harry Reid's sitting here, he's an expert on the rules, a master on the rules, you get to use the rules. That happens a lot and so I'm not in a position that the President is right now trying to talk some sense into the senate Republicans to actually do their constitutional duty, but once a nominee goes to the senate, then you go through the process. There should be hearings, both from the nominee and other witnesses, then it should be presented to the floor, then you use the procedures that are available and eventually, as you know, Justice Alito was confirmed." ( MSNBC's Democrat Town Hall, 2/18/16)

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In January 2006, Clinton Voted To Filibuster And Delay The Appointment Of Judge Samuel A. Alito, Jr. (Alito Cloture Vote, CQ Vote # 1: Motion Passed 72-25: R 53-0; D 19-24; I 0-1, 1/30/06, Clinton Voted Nay)

CLINTON WILL BE FORCED TO CONTRADICT HER OWN PARTY'S LEADERSHIP, WHICH HAS A LONG ESTABLISHED "TRADITION AGAINST ACTING ON SUPREME COURT NOMINATIONS IN A PRESIDENTIAL YEAR"

While Serving As Chairman Of The Judiciary Committee, Current Vice President Joe Biden Set The Senate "Tradition Against Acting On Supreme Court Nominations In A Presidential Year"

While Serving As Chairman Of The Senate Judiciary Committee, Then-Sen. Biden (D-DE) Biden Said That "The Tradition Against Acting On Supreme Court Nominations In A Presidential Year Is Particularly Strong." THEN-SEN. JOE BIDEN (D-DE): "Moreover, the tradition against acting on Supreme Court nominations in a Presidential year is particularly strong when the vacancy occurs in the summer or fall of that election season." (Senator Joe Biden, Remarks On Senate Floor, 6/25/92)

  • Then-Sen. Biden (D-DE) Called On The President To "Not Name A Nominee Until After The November Election." THEN-SEN. JOE BIDEN (D-DE): : "Mr. President, where the Nation should be treated to a consideration of constitutional philosophy, all it will get in such circumstances is partisan bickering and political posturing from both parties and from both ends of Pennsylvania Avenue. As a result, it is my view that if a Supreme Court Justice resigns tomorrow, or within the next several weeks, or resigns at the end of the summer, President Bush should consider following the practice of a majority of his predecessors and not--and not--name a nominee until after the November election is completed." (Senator Joe Biden, Remarks On Senate Floor, 6/25/92)

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The Washington Post Headline: "In 1992, Joe Biden Called For An Election-Year Blockade Of Supreme Court Nominations." (Mike DeBonis, "In 1992, Joe Biden Called For An Election-Year Blockade Of Supreme Court Nominations," The Washington Post , 2/22/16)

Future Democrat Senate Leader, Sen. Chuck Schumer (D-NY), Called For The Senate To "Reverse The Presumption Of Confirmation" And "Block" Any Supreme Court Nominations For The Remainder Of George W. Bush's Term

In A July 2007 Speech, Sen. Chuck Schumer (D-NY) Called On The Senate To "Reverse The Presumption Of Confirmation" For The Remainder Of George Bush's 18 Months As President. SEN. CHUCK SCHUMER (D-NY): "Second, for the rest of this President's term and if there is another Republican elected with the same selection criteria let me say this: We should reverse the presumption of confirmation. The Supreme Court is dangerously out of balance. We cannot afford to see Justice Stevens replaced by another Roberts; or Justice Ginsburg by another Alito." (Sen. Chuck Schumer, Remarks At The America Constitution Society, 7/27/07)

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Politico : Schumer Declared The Senate "Must Block Any Future Supreme Court Nominees Under Bush." "New York Sen. Charles Schumer, chairman of the Democratic Senatorial Campaign Committee, declared last month in a speech that Democrats were 'hoodwinked' by Alito and Roberts and must block any future Supreme Court nominees under Bush." (Carrie Budoff Brown, "Roberts And Alito: An '08 Issue," Politico, 8/23/07)

CLINTON WILL HAVE TO REBUKE THE COMMENTS AND ACTIONS OF OBAMA, THE ONLY PRESIDENT IN U.S. HISTORY TO EVER FILIBUSTER A SUPREME COURT NOMINEE

In 2005, Then-Senator Obama Said He Took "Very Seriously" The "Senate's Advice And Consent Role Regarding A Supreme Court Nomination." "I take very seriously the Senate's advice and consent role regarding a Supreme Court nomination. I will be closely following the Judiciary Committee hearings on Judge Roberts and will thoroughly review his record before deciding whether or not to vote to confirm him. I hope that this process will be civil and deliberate, because that is what the American people deserve." (Sen. Barack Obama, "Obama Statement On The Nomination Of Judge John G. Roberts To The Supreme Court," Press Release, 6/20/05)

In January 2006, Obama Voted To Filibuster And Delay The Appointment Of Judge Samuel A. Alito, Jr. (Alito Nomination - Cloture, CQ Vote #1: Motion Passed 72-25: R 53-0; D 19-24; I 0-1, 1/30/06, Obama Voted Nay)

  • Obama Is The First And Only President In U.S. History To Have Filibustered A Supreme Court Nominee. "President Obama's expressed hope today in his weekly address "that we can avoid the political posturing and ideological brinksmanship that has bogged down this (Supreme Court nomination) process, and Congress, in the past" runs against another historical first for the 44th president: his unique role in history as the first US President to have ever voted to filibuster a Supreme Court nominee." (Evan Harris, "First President In US History To Have Voted To Filibuster A Supreme Court Nominee Now Hopes For Clean Process," ABC News , 5/30/09)

Obama Has Since Flip-Flopped On His Own Actions, Calling Republicans "Obstructionist" And Criticizing The Concept Of The Filibuster He Once Used

Now President, Obama Has Criticized The Concept Of Filibustering A Supreme Court Nomination. PRESIDENT BARACK OBAMA: "Justice Kennedy when he was nomination by Ronald Reagan. … But they did the right thing. They confirmed him. And if they voted against him they didn't mount a filibuster to block a vote from even coming up." (President Barack Obama, Press Conference, Rancho Mirage, CA, 2/16/16)

Confronted On His Hypocrisy, Obama Has Been Forced To Acknowledge His Party's Double Standard

Confronted On The Tactics He Used In The Senate, Obama Has Been Forced To Acknowledge His And The Democrat's Double Standard. QUESTION: "How do you respond to Republican criticism that your position is undercut by the fact that you and other members of your administration who were in the Senate at the time tried to filibuster Judge Alito in 2006?" PRESIDENT BARACK OBAMA: "Look, I think it's fair to say that how judicial nominations have evolved over time is not historically the fault of any single party." (President Barack Obama, Press Conference, Rancho Mirage, CA, 2/16/16)

Click To Watch


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