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The Need For An Established Senate Rule On Election-Year And Lame Duck Session Supreme Court Nominations, Jacob R. Weaver
The Need For An Established Senate Rule On Election-Year And Lame Duck Session Supreme Court Nominations, Jacob R. Weaver
University of Michigan Journal of Law Reform Caveat
In 2016, the Republican-held Senate refused to hold a hearing on President Barack Obama’s nominee, Merrick Garland, sparking outrage among the Democratic Party. Then-Senate Majority Leader Mitch McConnell justified his party’s actions based on what became known as the “McConnell Rule.” This controversial rule holds that during years of presidential elections, when the president and the Senate majority are of different parties, the Senate is not expected to confirm the president’s Supreme Court nominees; but, when the president and Senate majority are of the same party, vacancies may be filled.
When the Senate applied this rule in 2020, the …