Justice for Chicken Little

Published October 25, 2016 4:01am ET



When Supreme Court Justice Antonin Scalia died, President Obama quickly nominated a replacement. Controversy ensued — it was a big deal inside the Beltway and almost entirely unnoticed elsewhere — when Republicans refused to respond in any way to his pick of Judge Merrick Garland.

The political classes, who follow procedure closely and often lose touch with reality, claimed wildly that this obstruction would damage Republicans (as though they really wanted to prevent that). One Los Angeles Times columnist said, “polarization around this issue could put Republican senators in a no-win position.” Others made wilder claims. Republicans countered that Joe Biden, as a senator, argued that the Senate should avoid considering Supreme Court nominations under these exact circumstances.

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