Democrats’ attempt to use what happened in 2016 to coerce Republicans into not moving on a Trump nominee to replace Justice Ruth Bader Ginsburg before the election has some major flaws.

Perhaps the most glaring flaw, as Ted Cruz points out, is that whole separation of powers thing, which allows for different parties to provide a check on each branch of government and balance to the system as a whole.

In 2016, the White House and the Senate were controlled by different parties. In 2020, the White House and the Senate are controlled by the same party.

He notes that every time a vacancy has arisen in an election year, the sitting president has moved to fill it.

If Democrats had held the Senate in 2016, is there any doubt about whether or not they would have moved forward with then-President Obama’s nominee (Merrick Garland) before the election?

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