On February 13, 2016 Supreme Court Justice Antonin Scalia died unexpectedly. In a power move, Mitch McConnell refused to proceed with the confirmation process of required to appoint a Justice appointed by President Obama. He declared that since it was an election year in 2016, that the newly elected president should have the option to nominate a new Justice after the November election. Finally, April 10, 2017 a new Justice, Neil Gorsuch was confirmed.

Fast Forward to September 18, 2020 when Ruth Bader Ginsburg passed away after a long battle with cancer. Since Mitch McConnell is still in charge of the Senate, he proceeds to have confirmation hearings for Amy Coney Barrett at warp speed so that she confirmed before the election in November. She is sworn in on October 27, 2020.

McConnell redefined HYOCRISY. He waited 422 days to confirm Neil Gorsuch because he wanted to wait on the election, then he pushed to confirmed Amy Coney Barrett in 38, just before the November elections.

Because of the hypocrisy and inconsistency of Mitch McConnell and the senate in 2016 and 2020 it is time for some new rules put into law.

Here is my proposal:

1. The POTUS has until midnight (ET) on the 7th day after a vacancy is determined.
2. Following the nomination by the POTUS, the Senate has 75 Calendars days to conduct hearings and votes.
3. Following the Senate confirmation, the Chief Justice will have 48hrs to swear-in the new Justice.
4. If the Senate fails to confirm a nominee within 90 days of the vacancy, then the POTUS has the authority to make a Presidential appointment that does not require Senate approval. (The Senate has 90 days to do their job).
5. In a Presidential election year, (2024, 2028, 2032…etc). No Supreme Court Justices will be nominated from September 1st until January 20th following the election. If Mitch McConnell can wait 422 days, then the process can wait 140ish days until the new President is inaugurated.

Until there is a law in place, the process of confirming new Supreme Court Justices will continue to be a three-ring circus based on party politics, not on the needs of the people.

Side notes:

1. If a SCOTUS is found to have lied during their confirmation hearing, then they shall be required to relinquish their seat immediately
2. The court needs to be reminded that they are not there to decide party issues but to rule on “CONSTITUTIONAL ISSUES WITH THE LAW”. Stay in your lane, do your job.