That's literally not what the word precedent means. We're not talking about historical counterfactuals, we're talking about the specific defenses and reasoning that's given for a specific decision. When the Supreme Court makes a decision on the basis of precedent, they're saying that the way a previous case was decided should dictate how this case is decided. Likewise, McConnell's claimed "reasoning" in 2016 was that a supposedly controversial president should not be able to elect a new Supreme Court justice in an election year. If that precedent stands, Trump should not be able to in 2020.
Mitch McConnell has been consistent on this since 2016, and he just made the following statement today regarding RBG's death:
> The Senate and the nation mourn the sudden passing of Justice Ruth Bader Ginsburg and the conclusion of her extraordinary American life.
> Justice Ginsburg overcame one personal challenge and professional barrier after another. She climbed from a modest Brooklyn upbringing to a seat on our nation’s highest court and into the pages of American history. Justice Ginsburg was thoroughly dedicated to the legal profession and to her 27 years of service on the Supreme Court. Her intelligence and determination earned her respect and admiration throughout the legal world, and indeed throughout the entire nation, which now grieves alongside her family, friends, and colleagues.
> In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.
> By contrast, Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise.
> President Trump's nominee will receive a vote on the floor of the United States Senate.
It's happening whether we like it or not, and there's no "precedent" we can appeal to in order to stop it.
> It's happening whether we like it or not, and there's no "precedent" we can appeal to in order to stop it.
Again, you're responding to some point I haven't made. I'm not claiming there's any way to stop it, I'm claiming McConnell is a man without honor or even decency and that the United States is headed into the toilet.
I don't know why this is confusing to you. Absolutely no one says he can't.
To quote a great comment:
> McConnell had serious doubts that Obama’s nominee, Merrick Garland, would _fail_ to get a majority in the senate, so he forbade the nomination to come to a vote. So it’s a little different than you pose: you a pretending that Obama’s nomination came to a vote and lost (which would be entirely legitimate). The majority leader prevented that from even happening.
1/3 to 2/3 of the Senate is lame ducks. They are only in power because the utter devastation of the Trump era won't hit their ballot until 2020 or 2022. The "blue wave" of 2018 didn't wash over the Senate, only by mere luck of the random distribution of election years across Republican Senators.
To be fair, he’s right. The constitution says the senate gets to approve the judiciary, and the senate is comprised of state-weighted representatives. If the majority of states don’t want a judge, they won’t be appointed. This is basic constitutional law.
It’s the constitution, particularly the election process of the senate that’s wrong: There’s no reason every state, regardless of their population, should have equal say in who gets to decide the judiciary (among other things).
If Obama had a Democratic Senate majority in 2016, Merrick Garland would have been confirmed. That's the precedent.