A Direct Attack on the U.S. Supreme Court

Why does U.S. Sen. Pat Toomey, R-Pa., stand with his party leadership’s position against taking any action on the Supreme Court nomination of Judge Merrick Garland?

On April 15, he published an op-ed, “Here’s why I’m opposing Merrick Garland’s Supreme Court nomination,” setting forth his views.

Toomey’s op-ed makes abundantly clear why the Senate should hold hearings on the nomination.

Pat Toomey’s main argument is that the American people should be allowed to participate in the selection of Justice Scalia’s successor. This sounds reasonable, but it is in fact a direct attack on the U.S. Supreme Court.

Holding Justice Scalia’s seat open until the next presidential inauguration will end up leaving the Court short-handed for at least a year.

That would be the longest delay in filling a Supreme Court vacancy in history. During that time the Court—as it has shown already—will be evenly split on the most important questions and unable to fulfill its role in our constitutional system.

The position staked out by Toomey and his party leadership finds no support in our Constitution, in history, or in logic.

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