Senate Judiciary Chairman Chuck Grassley did an excellent job earlier this week debunking the myths regarding the Garland Supreme Court nomination. A few highlights of the piece entitled Debunking Supreme Court Myths:
MYTH: “The United States Senate isn’t doing its job.”
TRUTH: A recent Washington Post analysis gave this myth “three Pinocchios,” stating: “Nearly 200 years ago, the Senate made it clear that it was not required to act on a Supreme Court nomination.”
. . .
MYTH: “The delay in filling the Supreme Court vacancy is causing dysfunction in the courts and the need for a replacement justice is urgent.”
TRUTH: The Supreme Court is equipped to function with eight justices for a relatively brief time, and has historically had differing numbers of judges (anywhere from six to ten), a number that is set by Congress. Cases can be re-argued, rescheduled and resolved in the future, so having an even number of judges temporarily will not prove problematic, as both Justice Breyer and Justice Alito have stated.
The whole piece is well worth reading and makes clear that Merrick Garland's nomination should not receive a vote.