Senate Majority Leader Mitch McConnell said in a Friday night announcement that President Donald Trump's nominee to replace Ginsburg will get a vote from the Senate. Doing so would be a complete change of his position at 2016, when the GOP-led Senate refused to hold a hearing or vote then-President Barack Obama's nominee, stating it was too near the election.
McConnell digs in
Justice Antonin Scalia, who had been a conservative stalwart on the Supreme Court since being nominated by then-President Ronald Reagan in 1986, died on February 13, 2016.
Within hours as other senators were offering condolences to Scalia's household -- McConnell issued a stunning, categorical rejection of Obama's authority over 11 months prior to the Democrat's replacement could be sworn into office.
"The American people should have a voice in the selection of the following Supreme Court Justice. Thus, this vacancy should not be filled until we have a president," McConnell said.
The 'Biden principle'
Other leading Republicans followed McConnell's lead. A reason they often cited: What they called the "Biden rule." Joe Biden had stated in a 1992 Senate floor speech -- if there were no high court vacancies to meet -- that "after the political season is under way, and it's, activity on a Supreme Court nomination must be put off until after the election campaign is finished."
McConnell never backtracked, despite Democrats' hopes that he would face political pressure to achieve that. On February 23, a week after Scalia's departure and before Obama had nominated his replacement, McConnell stated in a speech to the Senate floor which no Obama nominee would be given a vote.
"Presidents have a right to nominate, as the Senate has its own inherent right to provide or withhold approval," that the Kentucky Republican said. "In this case, that the Senate will withhold it"
GOP members of the Senate Judiciary Committee that day signed a letter to McConnell stating they would refuse to hold hearings on any Scalia replacement until after a new president took office on January 20, 2017. Most Republicans cited the "Biden rule"
Obama picks Garland
In the ensuing weeks, Obama forged ahead, dismissing Republicans' insistence that no nominee would be given a hearing or a vote and chose Garland on March 16. His calculation was a long-time jurist -- Garland, then 63, was the chief judge on the US Court of Appeals for the District of Columbia Circuit -- who had been respected by both parties and had been previously confirmed by the Senate could be tough to turn off.
"I hope they are fair," Obama said of Senate Republicans in the Rose Garden since he declared Garland was his choice. "That's all. I expect they are fair."
Republicans do not budge as Garland clock ticks
However, Republicans didn't budge, making apparent on the day Garland was nominated that their position had not changed and he wouldn't get a vote.
"I believe well of Merrick Garland. I believe he's a fine person. But his nomination does not in any way alter current conditions," then-Utah Sen. Orrin Hatch stated at the time.
Throughout the summer and fall, Senate Republicans continued to act as though no Supreme Court vacancy existed and no nomination had been made.
Supreme Court activity slowed drastically. The court -- mindful of potential 4-4 splits -- has been reluctant to undertake new instances.
Court ends into election flashpoint
The GOP's refusal to act on Obama's nominee turned into the Supreme Court into a crucial political issue in November's general election between Donald Trump and Hillary Clinton. Trump on May 19, 2016, released a list of potential Supreme Court nominees -- a listing shaped by conservative allies and aimed at soothe Republican voters' worries over whether he would nominate right-leaning judges. The promise of anti-abortion, pro-gun rights and anti-LGBTQ rights judges motivated religious conservatives who have had misgivings about Trump's personality.
The Senate, in which Republicans maintained a majority following the 2016 election, confirmed Gorsuch less than three weeks after, on April 7, 2017.
