Immediately after the Senate voted to confirm Amy Coney Barrett to the Supreme Court on Monday, Democrats attacked the process and its result as “illegitimate.” But Democrats know just as well as the rest of us that there was nothing unfair or unconstitutional about Barrett’s confirmation. They’re just upset it happened.
The Constitution gives the Senate not only the right but the responsibility to fill judicial vacancies as soon as the legislative body is able and willing. With Barrett’s confirmation, that’s exactly what the Republican-led Senate did. Democrats, however, wanted the Senate to wait until after next week’s election, citing Republicans’ past opposition to Merrick Garland’s nomination in 2016. And because the Senate did not wait, Democrats are now crying foul play.
