#MidtermsBeforeSCOTUS Takes Off as Democrats Told to 'Stiffen Their Spines'

“Mitch McConnell should follow the Mitch McConnell rule. Let the American people have a say when women’s health and equal rights are on the line.”

As the #MidtermsBeforeSCOTUS hashtag began to take off on Wednesday, that was how Sen. Elizabeth Warren (D-Mass.) responded to the news that Supreme Court Justice Anthony Kennedy is retiring, a move that gives President Donald Trump the chance to nominate a second ultra-conservative justice and push the high court even further to the right.

“No nominee should be considered until AFTER the election.”
—Sen. Jeff Merkley The “McConnell rule” Warren cites is Senate Majority Leader Mitch McConnell’s infamous 2016 declaration that no Supreme Court justice can be confirmed during an election year—a completely fabricated directive that allowed McConnell to steal a high court pick from former President Barack Obama.

After McConnell declared that he plans to hold a vote on Kennedy’s replacement this fall, Democrats are attempting to use the so-called “McConnell rule” to stop any attempt by Trump to nominate a virulently right-wing nominee who would give the Supreme Court’s conservative wing the power to tear down abortion rights and same-sex marriage.

Speaking on the Senate floor on Wednesday, Senate Minority Leader Chuck Schumer (D-N.Y.) said it would be “the absolute height of hypocrisy” for Republicans to vote on a court nominee before the crucial 2018 midterms.