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Ohio's Senators Explain Past Versus Present Positions On Confirming A Supreme Court Nominee

By Jo Ingles

Published September 22, 2020 at 10:45 PM EDT

Sens. Rob Portman and Sherrod Brown speak on a panel together in 2016. [Nick Castele / ideastream] — Sens. Rob Portman and Sherrod Brown speak on a panel in 2016.

Ohio’s Sen. Rob Portman, a Republican, has been called a hypocrite in recent days for not doing what he called for back in 2016: holding off on the confirmation of a U.S. Supreme Court justice in a presidential election year.

Democrat Sen. Sherrod Brown, Ohio’s other senator, who urged confirmation of a nominee in 2016, has changed his position too.

But they both say things are different now.

When Justice Antonin Scalia died in February 2016, Portman said he was not in favor of confirming former President Barack Obama’s nominee, Merrick Garland. Portman said he wanted to let voters weigh in that November and have the confirmation take place in a less partisan atmosphere. But Portman says that doesn’t apply now.

“In fact, I made the point that divided government, and I quote, is not the time to go through what would be a highly contentious process with a very high likelihood that the nominee would not be confirmed.," Portman said Tuesday.

Portman noted that in 2016, there was a Democrat in the White House and a Republican-controlled Senate, so confirmation could be tough. Now he says voters changed the situation by electing a Republican president and keeping the Republican-controlled Senate.

Back in 2016, Brown wanted to take up Garland's nomination for confirmation even though Republicans controlled the Senate, and was critical of his fellow senators for not doing it. But this time around, he wants the Senate to hold off.

Brown said it’s too late to appoint someone vacancy created by the death of Justice Ruth Bader Ginsburg last week. The American people should decide the fate of the highest court with their votes for president and senators this fall.

“People have already started voting,” Brown said. “They deserve to have a say on the court that will decide the fate of their health care, their workplace safety, their criminal justice and civil rights.”

Early voting is already underway in seven states; Ohio voters can start casting their ballots in early voting starting Oct. 6. Election Day is Nov. 3.