In 2016, Barack Obama nominated Merrick Garland to the United States Supreme Court. In a historical break with precedent, the Senate Majority Leader Mitch McConnell (R-KY) refused to confirm Garland to the Court, or even hold the traditional confirmation hearings.
In doing so, he dredged up a 1992 speech from Joe Biden, who was then a US Senator for Delaware. Back then, Biden had floated the idea that the president (at the time, George H. W. Bush) should wait until after the presidential and congressional elections before appointing a Supreme Court judge. Justifying his inaction in 1992, Senator McConnell cited the ‘Biden Rule’ in speeches, as if it were an established congressional custom. The seat remained open until after the 2016 presidential election, when Donald Trump nominated Neil Gorsuch instead. Continue reading “Let’s rebrand the #PeoplesVote as ‘The Cummings Plan’”
Events have over-taken this prospect. The Chair of the 1922 Committee received the required 48 letters on Tuesday, and so on Wednesday Theresa May had to weather a confidence motion from Conservative MPs. The opposition parties are keeping their powder dry on a confidence motion of their own. There is now no vote to avoid by proroguing parliament.
Nevertheless, the very thought of such manoeuvring should give us pause for thought. In the case of this Government and this embattled Prime Minister, the tactic would have surely backfired. While proroguing parliament is procedurally allowed, the British public would have considered it somehow ‘cheating’ and taken a dim view. Meanwhile, Members of the House of Commons would have been angry at having been denied the opportunity to censure the Government before Christmas, and would have returned in the New Year smarting for a confrontation. Continue reading “Proroguing Parliament and the Trampling of Tradition”