A mild defense of Republican hypocrisy on the Supreme Court

When it comes to the debate over filling the Supreme Court vacancy created by Justice Ruth Bader Ginsburg's death, there is plenty of partisan hypocrisy to go around. You will hear Republicans who four years ago argued such a vote should wait until after the presidential election now call for a speedy confirmation, and Democrats who took the opposite position now demanding there be no approval of anyone President Trump nominates this year.

But underneath it all is a consistent position as both parties recognize the reality of judicial politics in the 21st century. If the Supreme Court is going to function as a social issues super-legislature, and if any justice is going to matter more for what happens on abortion, guns, affirmative action, religious liberty, free speech, and LGBT rights than any 10 senators, then the composition of the court matters.

Anything that would shift a Supreme Court seat from the liberal to conservative bloc or vice versa should be treated no differently than a Senate race that would change partisan control of the chamber. That's why Trump and Senate Majority Leader Mitch McConnell (R-Ky.) are right to want to try to confirm a Ginsburg replacement. And that's why Democrats are right to do everything that the Constitution and Senate rules allow to block that nomination.