Donald B. Ayer and Alan Charles Raul write:

When a vacancy on the Supreme Court arose nine months ahead of the election in 2016, Sen. Mitch McConnell said in no uncertain terms: “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President.”

Now, after the death of Justice Ruth Bader Ginsburg less than two months before Election Day, as voters are already casting ballots in many states, McConnell has reversed his position. His naked hypocrisy threatens the future credibility of our federal judiciary.

Our opposition is not partisan, quite the opposite. We served at upper levels of government inside Republican administrations and we are united in our opposition to the rushed nomination, hearing, and confirmation of Judge Amy Coney Barrett to the United States Supreme Court. Our concern is not related to the qualifications of Judge Barrett. Rather, we believe that the process being pursued is fundamentally unfair and will greatly undermine public trust upon which our democracy depends.

Indeed, if Senate Republicans force Judge Barrett through in the waning weeks before a presidential election — after denying President Obama any opportunity for Senate consideration of his nomination of Judge Merrick Garland nearly a year before the 2016 election — the American people will unavoidably see the Supreme Court as just another forum for power politics and political players. [Continue reading…]