Mitch McConnell said, on March 20, 2016, that tradition holds that when a Supreme Court vacancy exists in an election year when one party controls the Senate and the other party the presidency, fulfilling the nomination should wait until after the elections. But there has not been a Supreme Court vacancy since 1888 in the situation that McConnell describes, so you really cannot say this is tradition.

What has been a long tradition is honoring one’s word, and there, so many of the Senate Republicans have stated that in this vacancy with separate party control situation, no vote should take place before the election. Now they are reneging on their word.

There is much discussion about the Democrats, if they take over control of the presidency and the Senate, “packing the court.” If that control results, I think the Democrats should pack the court, but with a light pack – add two justices of their own.

If Merrick Garland had been considered in 2016 and chosen to replace Antonin Scalia, there would have been five liberal-leaning justices and four conservative-leaning justices. When Brett Kavanaugh then replaced Anthony Kennedy, there would still have been the 5-4 split, and if Amy Coney Barrett replaces Ruth Bader Ginsburg, it would be five conservative-leaning justices to four liberal-leaning ones. But with Gorsuch instead, the tally will be 6-3. So if the Democrats add two expectedly liberal-leaning justices, the count would be six conservatives to five liberals, retaining the one-vote conservative advantage. Sounds fair to me.

Jay C. Lacke
Westbrook