Democrats Once Denounced Durbin’s SCOTUS Confirmation Timeline As ‘Illegitimate’ And ‘A Sham’

Senate Majority Leader Chuck Schumer Initially Suggested He ‘Hopes To Follow A Confirmation Timeline Close To That Of Supreme Court Justice Amy Coney Barrett’

“Biden said he plans to announce his nominee by the end of February, and Democratic aides indicated that Senate Majority Leader Charles Schumer (D-N.Y.) hopes to follow a confirmation timeline close to that of Supreme Court Justice Amy Coney Barrett, who was confirmed 30 days after she was nominated.” (“Breyer Retirement Latest Complication For Biden Spending Bill,” The Hill, 1/31/2022)

• “Mr. Schumer wants the entire process to take weeks, not months, according to a person familiar with his thinking who spoke about it on the condition of anonymity.” (“Senate Democrats Plan To Move Quickly On Successor To Justice Breyer,” The New York Times, 1/26/2022)

Senate Judiciary Committee Chairman Dick Durbin Announced A Timeline For Judge Ketanji Brown Jackson’s Hearing That Is Closest To The Timeline For Justice Barrett’s Hearing, Which Would Make It The Second Shortest Interval Between A Supreme Court Nominee’s Announcement And Hearing In Almost 50 Years

“The Senate plans to hold confirmation hearings for President Joe Biden's Supreme Court nominee, Judge Ketanji Brown Jackson, from March 21 to 24, Senate Judiciary Chair Dick Durbin, D-Ill., announced Wednesday.” (“Senate To Hold Jackson Supreme Court Confirmation Hearings March 21-24,” NBC News, 3/02/2022)

With the Judiciary Committee hearing on Judge Jackson set to begin on March 21^st, that would mean a 24 day interval since the president announced Judge Jackson’s nomination. (White House Press Release, 2/25/2022)

• “Sen. Durbin is defending timing. Saying Judge Jackson hearing would begin 24 days after her nomination was announced.” (CBS’ Scott MacFarlane, @MacFarlaneNews, Twitter, 3/02/2022)

A timeframe of 24 days from the announcement of a Supreme Court nomination to the beginning of the nominee’s hearing is shorter than that for any Supreme Court nominee since 1975 save for one:

• Chief Justice John Roberts was originally nominated to the vacancy created by Justice Sandra Day O’Connor’s retirement announcement on July 19, 2005, but following the death of Chief Justice William Rehnquist on September 3, President George W. Bush announced on September 5^th that Roberts would be nominated for Chief Justice. Roberts’ confirmation hearings began on September 12^th, 2005, marking 7 days since his nomination for Chief Justice but 55 days since his nomination for the original vacancy. (“Supreme Court Appointment Process: President’s Selection of a Nominee,” Congressional Research Service, R44235, 1/28/2022; “Supreme Court Nomination Hearings, United States Senate Website, Accessed 3/02/2022; President George W. Bush, Remarks, 7/19/2005)

• Justice Amy Coney Barrett was nominated on September 26^th, 2020 and her confirmation hearings began on October 12, 2020, marking 16 days from the announcement of her nomination. (“Trump officially names Amy Coney Barrett as Supreme Court nominee at White House,” NBC News, 9/26/2020; PN2252, 116^th Congress)

Schumer Himself Called The Timeline For Justice Barrett’s Nomination ‘The Most Rushed, Most Partisan, Least Legitimate Supreme Court Nomination Process In Our Nation’s History’ And A ‘Sham Of A Process’

SEN. CHUCK SCHUMER (D-NY): “This is the most rushed, most partisan, least legitimate Supreme Court nomination process in our nation’s history -- in our nation’s entire history -- and it should not proceed.” (Sen. Schumer, Remarks, 10/19/2020)

• SCHUMER: “[T]hink about what it says about this sham of a process … that we were forced to take the extraordinary step of refusing to participate in this process.” (Sen. Schumer, Remarks, 10/23/2020)

• SCHUMER: “[O]nly a few hours after Justice Ruth Bader Ginsburg passed away, Leader McConnell announced the Republican majority would move quickly to confirm her replacement. At the time we didn’t know exactly when, but now we do. Republicans are rushing to hold a confirmation vote tomorrow night.” (Sen. Schumer, Remarks, 10/25/2020)

• SCHUMER: “The nomination of Amy Coney Barrett is the most illegitimate process I have ever witnessed in the Senate.” (“Barrett Moves One Step Closer To A Seat On The Supreme Court As Republicans On Senate Panel Advance Her Nomination,” The Washington Post, 10/22/2020)

Kamala Harris Complained Of ‘Rushing A Supreme Court Nomination’ And ‘Jamming’ A ‘Nominee Through The Senate’

THEN-SEN. KAMALA HARRIS (D-CA): “Senate Republicans have made it crystal clear that rushing a Supreme Court nomination is more important than helping and supporting the American people …” (U.S. Senate Judiciary Committee Hearing, 10/12/2020)

• HARRIS: “The Constitution of the United States interests the Senate with a solemn duty to carefully consider nominations for lifetime appointments to the United States Supreme Court, yet the Senate majority is rushing this process and jamming of President Trump’s nominee through the Senate …” (U.S. Senate Judiciary Committee Hearing, 10/12/2020)

• HARRIS: “… Senate Republicans are rushing this process.” (U.S. Senate Judiciary Committee Hearing, 10/12/2020)

Democrats On The Judiciary Committee Assailed ‘Their Haste,’ Calling The Process ‘Unfair To The Senate,’ ‘A Caricature Of Illegitimacy,’ ‘A Sham,’ And A ‘Mad, Slapdash Rush,’ Declaring, ‘Having A Rushed Supreme Court Nomination Hearing Is Not Normal’

SEN. DICK DURBIN (D-IL), Now Senate Judiciary Committee Chairman: “Their haste--the haste in this pursuit that [is] before us today is unfair to the Senate, and unfair, really, to the nominee.” (U.S. Senate Judiciary Committee Hearing, 10/12/2020)

SEN. PAT LEAHY (D-VT), Senate Judiciary Committee Member: “We should not have been holding a hearing just 16 days later when this committee is afforded itself three times as long to vet other modern nominees to our nation’s highest court…. Instead of talking about COVID and doing something to help the American people, we’re engaged in this mad rush to fill a Supreme Court vacancy …” (U.S. Senate Judiciary Committee Hearing, 10/12/2020)

• LEAHY: “… the confirmation process for Judge Amy Coney Barrett has been a caricature of illegitimacy. I will not dispute that it is the responsibility of this body to consider Justice Ginsburg’s replacement to the Supreme Court. But this is not how we should do it…. Not when this sprint to confirm Judge Barrett gave the Judiciary Committee just 2 weeks to prepare for her hearings, when the Committee has afforded itself three times as long to vet other modern nominees to our nation’s highest court.” (Sen. Leahy, Congressional Record, S.6460, 10/25/2020)

SEN. AMY KLOBUCHAR (D-MN), Senate Judiciary Committee Member: “I think this hearing is a sham. I think it shows real messed up priorities from the Republican Party, but I am here to do my job, to tell the truth. To all Americans, we don’t have some clever procedural way to stop this sham, it to stop them from rushing through a nominee …” (U.S. Senate Judiciary Committee Hearing, 10/12/2020)

• KLOBUCHAR: “[I]nstead, we are here, not in a rush to justice but a rush to put in a Justice on the U.S. Supreme Court.” (Sen. Klobuchar, Congressional Record, S.6494-6495, 10/25/2020)

SEN. CHRIS COONS (D-DE), Senate Judiciary Committee Member: “[M]y colleagues are barreling forward with a confirmation hearing that’s distracting from our responsibility to our constituents and threatens to further tear our nation apart…. I think this rushed, hypocritical, partisan process should not proceed.” (U.S. Senate Judiciary Committee Hearing, 10/12/2020)

SEN. CORY BOOKER (D-NJ), Senate Judiciary Committee Member: “It’s not normal that Senate Republicans are rushing through a confirmation hearing … What is going on in America today … having a rushed Supreme Court nomination hearing is not normal and we cannot normalize it.” (U.S. Senate Judiciary Committee Hearing, 10/12/2020)

• BOOKER: “[W]e should not be rushing, as I said.” (U.S. Senate Judiciary Committee Hearing, 10/12/2020)

• BOOKER: “We are rushing for short-term gain for one political party and long-term damage to our Nation.” (Sen. Booker, Congressional Record, S.6576, 10/25/2020)

SEN. MAZIE HIRONO (D-HI), Senate Judiciary Committee Member: “Mitch McConnell and Senate Republicans are rushing to confirm a new Supreme Court Justice … Mitch McConnell is forcing [Judge Amy Coney Barrett’s] nomination through this rushed, illegitimate process.” (Sen. Hirono, Weekly Democratic Address, 10/23/2020)

SEN. SHELDON WHITEHOUSE (D-RI), Senate Judiciary Committee Member: “[N]ow … we get this mad, slapdash rush.” (U.S. Senate Judiciary Committee Hearing, 10/12/2020)

Other Democrat Senators Decried ‘The Rushed And Sham Process’ Which ‘Doesn’t Qualify As Advice And Consent,’ And Asserted That Using ‘Speed That Would Make Usain Bolt Jealous … Renders This Process And This Nomination Illegitimate’

SEN. DEBBIE STABENOW (D-MI): “[W]e are seeing a rush to get a Supreme Court nominee on the Court …” (Sen. Stabenow, Congressional Record, S.6463, 10/25/2020)

SEN. BEN CARDIN (D-MD): “I am gravely concerned that the rushed and sham process the Senate is using here will undermine the public’s faith in the independence and legitimacy of the Supreme Court as a fair and impartial body.” (Sen. Cardin, Congressional Record, S.6563, 10/25/2020)

SEN. RON WYDEN (D-OR): “This rush job doesn’t qualify as advice and consent.” (Sen. Wyden, Congressional Record, S.6565, 10/25/2020)

SEN. JACKY ROSEN (D-NV): “… my Republican colleagues are rushing to put Judge Amy Coney Barrett on the Bench.” (Sen. Rosen, Congressional Record, S.6567, 10/25/2020)

SEN. MARK WARNER (D-VA): “[W]hy has the President rushed Judge Barrett’s nomination through the Senate?” (Sen. Warner, Congressional Record, S.6570, 10/25/2020)

SEN. KIRSTEN GILLIBRAND (D-NY): “This nomination process is illegitimate.” (Sen. Gillibrand, @SenGillibrand, Twitter, 9/27/2020)

SEN. ED MARKEY (D-MA): “[W]hen it comes to filling a vacancy on the Supreme Court … these same Republicans made the Senate move with speed that would make Usain Bolt jealous. Jamming through this nomination in this fashion is unprecedented. It renders this process and this nomination illegitimate, period.” (Sen. Markey, Congressional Record, S.6571, 10/25/2020)

SEN. MARTIN HEINRICH (D-NM): “Leader McConnell and Republicans are now forcing the Senate to rush through another partisan Supreme Court confirmation battle in mere weeks …” (Sen. Heinrich, Congressional Record, S.6573, 10/25/2020)

SEN. TOM CARPER (D-DE): “Judge Barrett’s nomination was rushed out of committee … This confirmation process is shameful.” (Sen. Carper, Congressional Record, S.6472, 10/25/2020)

SEN. MARIA CANTWELL (D-WA): “People want to have a rushed 30-day session—beginning to end—speed-court nominating in the Mansfield Room instead of hearing from groups and organizations about their concerns on this nominee. That is just not good for our overall system, it is not good for the issues that we face moving forward, and it is certainly not good for women in the United States of America. I do not appreciate the rush to confirm Judge Barrett.” (Sen. Cantwell, Congressional Record, S.6475, 10/25/2020)