Patrick Leahy Says A Vote Now To Replace Ginsburg Would Be 'Political Hypocrisy' : Death Of Ruth Bader Ginsburg The Vermont Democrat said a vote before Election Day would break with the position Republicans embraced in 2016 when they refused to consider the nomination of Obama nominee Merrick Garland.
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Patrick Leahy Says A Vote Now To Replace Ginsburg Would Be 'Political Hypocrisy'

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Patrick Leahy Says A Vote Now To Replace Ginsburg Would Be 'Political Hypocrisy'

Patrick Leahy Says A Vote Now To Replace Ginsburg Would Be 'Political Hypocrisy'

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SCOTT SIMON, HOST:

Now the political fight begins. Within hours of the news of the death of Justice Ginsburg, Senate Republican Leader Mitch McConnell said that President Trump's nominee will receive a vote on the floor of the U.S. Senate, a different message from 2016, when Senator McConnell blocked President Obama's nominee eight months before the election. Democrats, of course, are crying hypocrisy. Patrick Leahy is the senior Senator from Vermont, a member of the Senate Judiciary Committee. Senator, thank you for being with us.

PATRICK LEAHY: Thank you. It's good to be with you.

SIMON: And before I get to the necessary messy stuff of politics, I wonder if you'd like to share a memory about Justice Ginsburg.

LEAHY: Oh, I think the world of her. I've had times with her. I remember a year ago, when my wife Marcel introduced her at a Prevent Cancer event and how emotional that was. They were both cancer survivors, and they talked about it. She was very much a human being. We used to sometimes sit with her at the Kennedy Center listening to operas. She was a great opera fan. But she was always so nice. I mean, whenever I'd have anybody with me from my office - lawyers, men, women - she would take time and talk with them. And they'd walk away - wow, isn't she something?

SIMON: Senator McConnell argues that because the White House and Senate are now controlled by the same party, unlike it was four years ago. The principles he upheld in 2016 when he blocked Merrick Garland's nomination don't apply now. How do you receive that?

LEAHY: Well, I'm now the dean of the Senate. I've been there longer than anybody else. I've seen things I questioned, but I've never seen political hypocrisy at this level. I mean, it doesn't - it will actually go down in the journals of political hypocrisy. He blocked Barack Obama's nominee, a man who would have been easily confirmed because so many Republicans as well as Democrats supported him. That was Merrick Garland. But he said, we don't do this in an election year. Of course, we have. I think the last time we voted on a nominee - he'd been nominated the year before, but on election year, Ronald Reagan was the president. The Democrats were in control of the Senate, and we confirmed Justice Kennedy. So this is a flip-flop as pure politics. But what hurts the most - it is going to stain the Supreme Court.

SIMON: Stain the Supreme Court because of the politics?

LEAHY: Yes, because the Supreme Court has to be above politics. The Supreme Court has to have the respect of the country, as it did when it's done some of its major, decisions, like ending segregation. But if they are seen as just a political arm of whoever is president, it loses that validity and loses the confidence the American people should have in the Supreme Court.

SIMON: Senator Leahy, let me ask you. Do you have in your mind - and maybe you want to share the names or maybe not - the names of several Republican colleagues in the Senate who you hope to convince to hold off a vote?

LEAHY: No. I will talk to some of them privately. I would appeal to their sense of tradition, their sense that the Senate should be the conscience of the nation. And if it rushes through on something, then it's not being. But actually, I would hope that everybody would take a deep breath and talk about the legacy of Justice Ginsburg. I mean, look what she's done. She opened up the Virginia Military Institute to women. Her dissent in the Lilly Ledbetter case led to Congress passing the Lilly Ledbetter Fair Pay Act. She has been a model to so many men and women in the law, and we ought to be celebrating her legacy, not jumping out actually within minutes after her death was announced to say, oh, we're going to slam through somebody because it's important politically with the election this year. That's wrong.

SIMON: Thanks very much, Senator Patrick Leahy of Vermont.

LEAHY: Thank you.

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