22 GOP attorneys general urge Congress to confirm Barrett as Supreme Court justice

Twenty-two Republican state attorneys general called on the Senate to quickly confirm Judge Amy Coney Barrett, President Trump’s nominee to the Supreme Court, in a letter Thursday.

The letter dismisses the notion that there is not sufficient time remaining before the November presidential election to make a decision, noting that her predecessor, Justice Ruth Bader Ginsburg, was confirmed in 42 days. It also cites the confirmation of Justice Sandra Day O’Connor within 33 days and of Justice John Paul Stevens within 19 days. None of the three were confirmed in presidential election years.

The letter also accuses Democratic attorneys general of inconsistency on the issue of confirming justices in election years.

“We are aware that there are those who believe the Senate should not hold a hearing on the President’s nominee. In response, we quote excerpts from a 2016 letter sent to the Senate by the Attorneys General of California, New York, and 17 other states: ‘The Constitution clearly sets out the process for filling a Supreme Court vacancy.  The President has a duty to make a nomination.’ Once the President has nominated a candidate, the Senate ‘has the responsibility to consider and approve or disapprove the nomination. While simple, this is the law and it should be followed.’”

“Indeed, as the 2016 letter makes clear, ‘since 1900,  six justices have been confirmed during election years, including Justice Anthony Kennedy, who was confirmed in the final year of the Reagan Administration,’” the letter adds.

Senate Majority Leader Mitch McConnell (R-Ky.) did not allow a hearing or up-down vote on then-President Obama’s nominee, Judge Merrick Garland, in 2016 following the death of Justice Antonin Scalia. Both Trump and Senate Republicans have since defended moving forward with Barrett’s nomination on the grounds that the GOP holds the Senate majority and The White House, which was not the case in 2016.

The letter also calls Barrett “exceptionally well-qualified,” citing her experience on the bench, clerking for Scalia and working as a Notre Dame law professor.

Barrett met with McConnell and several other GOP senators this week, including Sens. Mike Crapo (R-Idaho), Chuck Grassley (R-Iowa) and John Thune (R-S.D.).