But It's an Election Year

Lately, the GOP seems to think that election years are special and the government should pretty much shut down. Actually, they think it is a valid excuse to shut down the opposition.

A few years ago, Mitch McConnell, the Senate majority leader, said that a vacant Supreme Court justice position could not be filled because it was an election year. There was no need to even interview a justice nominee by what he called a "lame-duck" president. Just an aside, a president is not a lame-duck during an entire election year. The lame-duck period is only the time between election day and the inauguration. That would be early November until January 20th. Justice Antonin Scalia died on February 13, 2016. A full 11 months before the end of President Obama's term. Judge Merrick Garland, considered a moderate, was nominated for the vacant justice position on March 16, 2016. A full 10 months before the end of Obama's term and almost eight months before the November 8, 2016, general elections. That is eight months before Obama became a lame-duck. McConnell said that the new president should get to fill that Supreme Court vacancy. That was a gamble on his part since if Hillary Clinton had won the 2016 election, she might have nominated someone more liberal and younger than Garland. He won that bet but it was still wrong. Presidents are elected to four-year terms, not two years and 11 months. Of course, the hypocrisy of Mitch McConnell was proven when he was asked what he would do if a Supreme Court vacancy came up in 2020, an election year. He said unequivocally that the Republicans would fill it. Now if you take McConnell's original argument that you can not fill a Supreme Court vacancy during an election year then I propose that the Republicans can not fill any federal judicial vacancies this year. Fair is fair. Oh wait, Mitch doesn't play fair or even pretend to. 

This election year magic came up again during the impeachment trial of Donald Trump. Many Republican politicians and Trump's lawyers have repeatedly said you can't impeach a president in an election year. You have to let the people decide at the polls. That means a president can only be impeached during that same two-year 11-month window. Now, in this case, Trump's alleged crimes took place in 2019, before the 2020 election year. So, I guess that means it's not the time of the crimes but when the Senate trial takes place. even if that trial is in January. This logic means that presidents can run amuck during election years and there is no immediate remedy. We have to wait until the election. What about the actual lame-duck period between November and January? Is a president completely unencumbered by any laws during that period? The oath of office is for the full term, not just three years or even three years and nine months. 

I'm not sure if this magic aura around an election year only applies to the presidential four-year cycle. Let's remember, all members of the House and ⅓ of the Senate is up for election every two years. Does that mean government business can only be done during odd number years? I contend that the Senate impeachment trial votes are invalid because ⅓ of the Senators are up for election in 2020. I guess the House impeachment was OK since the articles were voted on in 2019, a non-magic year. We need a ruling from Mitch McConnell on this.

I don't know about you but I think that our government and elected officials should function every year. I'm not willing to halt anything meaningful ¼ or ½ of the years. There may be some valid reasons for a slow down between election day and the seating of a new Congress or the inauguration of a new president. That is two or three months, not a full year.

Let's stop this magic year BS.

wjh