Durbin Rebukes McConnell Over Judiciary Complaints, Cites Garland Block in 2016

Sen. Dick Durbin (D-IL) took to the Senate floor on Monday to remind Senate Minority Leader Mitch McConnell (R-KY) of the 2016 decision to block Merrick Garland’s Supreme Court nomination after McConnell suggested Republicans were being treated unfairly in current judicial nominations.

During a session, McConnell expressed concern over reports that two judges might not retire as planned following Donald Trump’s victory in the 2024 presidential election, calling the situation “unprecedented.” “This sort of partisan behavior undermines the integrity of the judiciary,” McConnell said. “Never, never before has a circuit judge unretired after a presidential election. It’s literally unprecedented.”

McConnell further argued that “these vacancies now properly belong to the next president,” warning, “If you play political games, expect political prizes.” Durbin, in response, pointed to McConnell’s role in blocking President Obama’s nominee, Merrick Garland, following the death of Justice Antonin Scalia in 2016.

“I listened carefully to my colleague from Kentucky explain his concerns about the filling of four circuit court vacancies,” Durbin began. “And he raises a question about whether that’s fair.” He went on to recall the shock over Scalia’s death and McConnell’s swift decision not to allow a hearing for Garland’s nomination.

“Well, I’d like to call the Senate’s attention to the fact that there was a moment in time when we were shocked to learn that Supreme Court Justice Antonin Scalia had died while on a hunting trip,” Durbin said. “And the decision was made almost instantly by the Senator from Kentucky, the same Senator who just talked about delaying and filling vacancies.”

Durbin pointed out that McConnell’s refusal to allow Garland a hearing ultimately allowed President Trump to fill the vacancy, instead of President Obama having the opportunity. “The decision was made by him not to fill the Supreme Court vacancy,” Durbin continued.

“So when I hear the Senator come to the floor from Kentucky and talk about whether there’s any gamesmanship going on, I don’t know,” Durbin said, adding, “But I will tell you that we saw it at the highest possible level in filling the vacancy on the Supreme Court when Anton Scalia passed away.”