Saying the next justice could "fundamentally alter the direction" of U.S. Supreme Court, Majority Leader Mitch McConnell, R-Ky., made it clear Wednesday morning that President Obama's nominee will not receive a hearing or confirmation vote.

The GOP leader's remarks came moments after the president unveiled federal appeals court judge Merrick Garland as his choice to replace conservative stalwart Antonin Scalia, who died this year.

Obama said Garland is a qualified jurist recognized for "decency, modesty, integrity, even-handedness and excellence," who is respected by Democrats and Republicans.

But McConnell said his opposition to the nomination was based on a principle previously held by Democrats that it is unfair for a president to pick a Supreme Court justice during an election year.


Senate Republicans weeks ago made it clear they intended to block Obama's nominee despite pressure from legal scholars, civil rights activists and Democrats. GOP leaders have said voters should have a voice in a decision that could tip the High Court in a more liberal direction.

The White House has demanded President Obama's nominee be allowed to go through the confirmation process, which McConnell and GOP senators opposed within hours of Scalia's death.

"I simply ask Republicans in the Senate to give him a fair hearing, and then an up or down vote," Obama said. "If you don’t, then it will not only be an abdication of the Senate’s constitutional duty, it will indicate a process for nominating and confirming judges that is beyond repair."

McConnell has also been pressured by outside groups in his home state of Kentucky to allow the process to move forward. Most recently, a group of more than 350 law professors and constitutional scholars said McConnell's opposition "threatens to diminish the integrity" of the Senate.

Sherrilyn Ifill, president of the NAACP Legal Defense Fund, said the Senate should immediately begin the process of reviewing Garland’s record.

"We regard any effort to deprive President Obama of his constitutional right to fill a vacancy on the Supreme Court as an irresponsible and politically-motivated effort to undermine the authority of this president," Ifill said in a statement Wednesday afternoon.

But McConnell said the Senate is performing its constitutional role on the Garland nomination when it advised the White House it would not move on the confirmation process until after the election.


Garland, 63, is the oldest nominee for associate justice since 64-year-old Lewis Powell was put up for consideration in 1971. Some observers have suggested Garland's age is a sign the White House doesn't give his chances of making it through the confirmation process much hope.

The Senate confirmed Garland to the D.C. Circuit Court of Appeals in 1997 by a 76-23 margin. At the time, McConnell voted against Garland. Other Republicans, such as Sen. Orrin Hatch of Utah, voted to confirm Garland in 1997, describing him as the "consensus choice" during previous Supreme Court openings.

Sen. Dan Coats, R-Ind., said one of their most important responsibilities is to provide "advice and consent" on the president’s judicial nominees, but given the contentious presidential campaign it is best for the Senate to wait for a new president.

"These are rare circumstances, as the last time the Senate confirmed a nominee in a similar situation was 128 years ago," Coats said.

Supreme Court historians have pointed out that President Ronald Reagan, a Republican, nominated Justice Anthony Kennedy to fill a vacancy in 1988, and that Kennedy was confirmed by the Democratic-controlled Senate by a 97-0 vote.

Reporter Phillip M. Bailey can be reached at (502) 582-4475 or pbailey@courier-journal.

Read or Share this story: