Mitch McConnell

====Under Obama====
{{See also|Barack Obama Supreme Court candidates|Barack Obama judicial appointment controversies}}

Throughout Obama's tenure McConnell led Senate Republicans in what has been called "a disciplined, sustained, at times underhanded campaign to deny the Democratic president the opportunity to appoint federal judges".<ref name=McRemake>{{Cite news|url=https://www.nytimes.com/2018/08/22/magazine/trump-remaking-courts-judiciary.html|title=How the Trump Administration Is Remaking the Courts|author=Zengerle, Jason|work=[[The New York Times]]|date=August 22, 2018|access-date=September 20, 2018|language=en|archive-date=September 20, 2018|archive-url=https://web.archive.org/web/20180920111556/https://www.nytimes.com/2018/08/22/magazine/trump-remaking-courts-judiciary.html|url-status=live}}</ref> In June 2009, following President Obama's nominating [[Sonia Sotomayor]] as Associate Justice, McConnell and [[Jeff Sessions]] opined that Sotomayor's seventeen years as a federal judge and over 3,600 judicial opinions would require lengthy review and advocated against Democrats hastening the confirmation process.<ref>{{cite news|url=https://www.nytimes.com/2009/06/03/us/politics/03judge.html|title=Parties Plot Strategy as Sotomayor Visits Capitol|date=June 2, 2009|first1=David M.|last1=Herszenhorn|first2=Carl|last2=Hulse|newspaper=[[The New York Times]]|access-date=September 18, 2020|archive-date=October 16, 2011|archive-url=https://web.archive.org/web/20111016064816/http://www.nytimes.com/2009/06/03/us/politics/03judge.html|url-status=live}}</ref> On July 17, McConnell announced that he would vote against Sotomayor's confirmation.<ref>{{cite news|url=https://www.mcclatchydc.com/news/politics-government/article24546766.html|title=McConnell, Bunning agree: They'll vote no on Sotomayor|author=Abdullah, Halimah|work=McClatchyDC|date=July 17, 2009|access-date=September 18, 2020|archive-date=November 17, 2020|archive-url=https://web.archive.org/web/20201117111641/https://www.mcclatchydc.com/news/politics-government/article24546766.html|url-status=live}}</ref> In August, McConnell called Sotomayor "a fine person with an impressive story and a distinguished background" but added he did not believe she would withhold her personal or political views while serving as a justice. Sotomayor was confirmed days later.<ref>{{cite news|url=https://www.nytimes.com/2009/08/07/us/politics/07confirm.html|title=Sotomayor Confirmed by Senate, 68-31|first=Charlie|last=Savage|work=[[The New York Times]]|date=August 6, 2009|access-date=September 18, 2020|archive-date=September 19, 2020|archive-url=https://web.archive.org/web/20200919051849/https://www.nytimes.com/2009/08/07/us/politics/07confirm.html|url-status=live}}</ref>

In May 2010, after President Obama nominated [[Elena Kagan]] to succeed the retiring [[John Paul Stevens]], McConnell said during a Senate speech that Americans wanted to make sure Kagan would be independent of influence from White House as an associate justice and noted Obama's referring to Kagan as a friend of his in announcing her nomination.<ref>{{cite news|url=https://www.reuters.com/article/us-usa-court-kagan/top-republican-challenges-kagans-independence-idUSTRE6490DU20100512|title=Top Republican challenges Kagan's independence|author=Ferraro, Thomas|date=May 12, 2010|work=[[Reuters]]|access-date=September 18, 2020|archive-date=August 4, 2020|archive-url=https://web.archive.org/web/20200804042252/https://www.reuters.com/article/us-usa-court-kagan/top-republican-challenges-kagans-independence-idUSTRE6490DU20100512|url-status=live}}</ref> McConnell announced his opposition to Kagan's confirmation, saying she was not forthcoming enough about her "views on basic principles of American constitutional law".<ref>{{cite news|url=https://thecaucus.blogs.nytimes.com/2010/07/02/mcconnell-opposes-kagan/|title=McConnell Opposes Kagan|date=July 2, 2010|author=Stolberg, Sheryl Gay|newspaper=[[The New York Times]]|access-date=January 2, 2019|archive-date=September 21, 2018|archive-url=https://web.archive.org/web/20180921130555/https://thecaucus.blogs.nytimes.com/2010/07/02/mcconnell-opposes-kagan/|url-status=live}}</ref> Kagan was confirmed the following month.<ref>{{cite web |last=Arce |first=Dwyer |url=https://www.jurist.org/news/2010/08/senate-votes-to-confirm-kagan-to-supreme-court |title = Senate votes to confirm Kagan to Supreme Court |date= August 5, 2010 |access-date = December 15, 2010 |publisher = [[JURIST]] |archive-url = https://web.archive.org/web/20110727205404/http://jurist.org/paperchase/2010/08/senate-votes-to-confirm-kagan-to-supreme-court.php |archive-date = July 27, 2011|url-status=live }}</ref>

In 2014, Republicans gained control of the Senate, and McConnell became majority leader; he used his newly heightened power to start what was considered "a near blockade" of Obama's judicial appointments. According to ''The New York Times'', Obama's final two years as president saw 18 district court judges and one appeals court judge confirmed, the fewest since President [[Harry S. Truman]]. In comparison, the final two years of the presidencies of [[George W. Bush]], [[Bill Clinton]], and [[Ronald Reagan]] had between 55 and 70 district court judges each confirmed and between 10 and 15 appeals court judges confirmed.<ref name=McRemake/> According to the ''Los Angeles Times'', McConnell brought about an "extraordinary two-year slowdown in judicial confirmations," detailing 22 confirmations of Obama's judicial nominees, the lowest since President Truman in 1951–1952. The number of federal judicial vacancies more than doubled comparing the figure near the end of Obama's term to the figure at the end of George W. Bush's term.<ref>{{cite web |last1=Savage |first1=David |title=This Congress filled the fewest judgeships since 1952. That leaves a big opening for Trump |url=https://www.latimes.com/politics/la-na-judges-trump-senate-20161231-story.html |date=December 31, 2016 |website=[[Los Angeles Times]] |access-date=June 13, 2019 |archive-date=June 22, 2019 |archive-url=https://web.archive.org/web/20190622091328/https://www.latimes.com/politics/la-na-judges-trump-senate-20161231-story.html |url-status=live }}</ref><ref>According to the [[Congressional Research Service]], on the first day of 2015, Obama had 3.9% of circuit court seats vacant, and 4.9% of district court seats vacant. By the first day of 2017, the figures had risen to 9.5% and 12.8% respectively. The 114th Congress confirmed 28.6% of Obama's circuit and district judge nominees; every other Congress in that research time frame (1977–2018, 95th to 115th Congress) had a confirmation rate of between 53% and 98%.{{cite web |title=Judicial Nomination Statistics and Analysis: U.S. District and Circuit Courts, 1977–2018 |url=https://fas.org/sgp/crs/misc/R45622.pdf |website=[[Congressional Research Service]] |access-date=June 13, 2019 |archive-date=July 16, 2019 |archive-url=https://web.archive.org/web/20190716133048/https://fas.org/sgp/crs/misc/R45622.pdf |url-status=live }}</ref> Later in a 2019 interview, McConnell credited himself for the large number of judicial vacancies created in the last two years of Obama's presidency.<ref name="dictatetrial" />

On February 13, 2016, Supreme Court justice [[Antonin Scalia]] died.<ref>{{cite news |url=https://www.nytimes.com/2016/03/05/us/politics/three-more-judges-said-to-be-vetted-for-supreme-court.html |title=Three More Judges Said to be Vetted for Supreme Court |author=Hirschfeld Davis, Julie |newspaper=[[The New York Times]] |date=March 4, 2016 |access-date=October 3, 2018 |archive-date=August 24, 2018 |archive-url=https://web.archive.org/web/20180824165143/https://www.nytimes.com/2016/03/05/us/politics/three-more-judges-said-to-be-vetted-for-supreme-court.html |url-status=live }}</ref> Shortly thereafter, McConnell issued a statement indicating that the U.S. Senate would not consider any Supreme Court nominee put forth by Obama.<ref name="Homans-2019" /><ref name="politico160213">{{Cite news|url=http://www.politico.com/story/2016/02/mitch-mcconnell-antonin-scalia-supreme-court-nomination-219248|title=McConnell throws down the gauntlet: No Scalia replacement under Obama|first1=Burgess|last1=Everett|first2=Glenn|last2=Trush|date=February 13, 2016|newspaper=[[Politico]]|access-date=September 18, 2020|archive-date=September 19, 2020|archive-url=https://web.archive.org/web/20200919045954/https://www.politico.com/story/2016/02/mitch-mcconnell-antonin-scalia-supreme-court-nomination-219248|url-status=live}}</ref> "The American people should have a voice in the selection of their next Supreme Court justice. Therefore, this vacancy should not be filled until we have a new president," McConnell said at the time.<ref name="politico160213"/> On March 16, 2016, President Obama nominated [[Merrick Garland]], a Judge of the D.C. Circuit Court of Appeals, to the Supreme Court.<ref>{{Cite news|first1=Michael D.|last1=Shear|first2=Gardiner|last2=Harris|url=https://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html|title=Obama Chooses Merrick Garland for Supreme Court|date=March 16, 2016|newspaper=[[The New York Times]]|access-date=October 3, 2018|archive-date=March 16, 2016|archive-url=https://web.archive.org/web/20160316121409/http://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html|url-status=live}}</ref> Under McConnell's direction, Senate Republicans refused to take any action on the Garland nomination.<ref>{{cite news |first=Nina |last=Totenberg |author-link=Nina Totenberg |url=https://www.npr.org/2016/09/06/492857860/173-days-and-counting-gop-unlikely-to-end-blockade-on-garland-nomination-soon |title=170-Plus Days And Counting: GOP Unlikely To End Supreme Court Blockade Soon |publisher=[[NPR]]|work=[[All Things Considered]] |date=September 6, 2016 |access-date=October 3, 2018 |archive-date=September 30, 2018 |archive-url=https://web.archive.org/web/20180930134026/https://www.npr.org/2016/09/06/492857860/173-days-and-counting-gop-unlikely-to-end-blockade-on-garland-nomination-soon |url-status=live }}</ref> Garland's nomination expired on January 3, 2017, with the end of the [[114th United States Congress|114th Congress]].<ref>{{cite news |first=Jess |last=Bravin |url=https://www.wsj.com/articles/president-obamas-supreme-court-nomination-of-merrick-garland-expires-1483463952 |title=President Obama's Supreme Court Nomination of Merrick Garland Expires |newspaper=[[The Wall Street Journal]]|date=January 3, 2017 |access-date=October 3, 2018 |archive-date=March 10, 2017 |archive-url=https://web.archive.org/web/20170310012617/https://www.wsj.com/articles/president-obamas-supreme-court-nomination-of-merrick-garland-expires-1483463952 |url-status=live }}</ref>

In an August 2016 speech in Kentucky, McConnell made reference to the Garland nomination, saying that "one of my proudest moments was when I looked Barack Obama in the eye and I said, 'Mr. President, you will not fill the Supreme Court vacancy.'"<ref>{{cite web|url=http://crooksandliars.com/2016/08/mitch-mcconnell-mitch-mcconnell-proud|title=Mitch McConnell: Proud Moment When I Told Obama 'You Will Not Fill This Supreme Court Vacancy'|author=Scarce, Ed|work=Crooks and Liars|access-date=August 2, 2018|archive-date=July 12, 2018|archive-url=https://web.archive.org/web/20180712030142/https://crooksandliars.com/2016/08/mitch-mcconnell-mitch-mcconnell-proud|url-status=live}}</ref><ref>{{cite web|url=http://www.rollcall.com/news/politics/34561-2|title=Tea Party-Aligned Kentucky Gov May End 95-Year Democratic Reign|author=Roarty, Alex|date=August 8, 2016|publisher=rollcall.com|access-date=August 21, 2016|archive-date=August 22, 2016|archive-url=https://web.archive.org/web/20160822072110/http://www.rollcall.com/news/politics/34561-2|url-status=live}}</ref> In April 2018, McConnell said the decision not to act upon the Garland nomination was "the most consequential decision I've made in my entire public career".<ref>{{Cite news|url=http://kentuckytoday.com/stories/mcconnell-on-elections-the-wind-is-going-to-be-in-our-face,12674|title=McConnell on midterm elections: 'The wind is going to be in our face'|author=Alford, Roger|work=Kentucky Today|date=April 3, 2018|access-date=April 5, 2018|language=en|archive-date=April 4, 2018|archive-url=https://web.archive.org/web/20180404231010/http://kentuckytoday.com/stories/mcconnell-on-elections-the-wind-is-going-to-be-in-our-face,12674|url-status=live}}</ref> McConnell's refusal to hold Senate hearings on Supreme Court nominee [[Merrick Garland]] during Obama's final year in office was described by political scientists and legal scholars as "unprecedented",<ref>{{Cite book|url=https://rowman.com/ISBN/9781538105757/The-Trump-Presidency-Initial-Appraisals|title=The Trump Presidency: Outsider in the Oval Office|last1=Schier|first1=Steven E.|last2=Eberly|first2=Todd E.|publisher=Rowman & Littlefield|year=2017|page=71|access-date=October 11, 2018|archive-date=October 11, 2018|archive-url=https://web.archive.org/web/20181011214805/https://rowman.com/ISBN/9781538105757/The-Trump-Presidency-Initial-Appraisals|url-status=live}}</ref><ref>{{Cite web|url=https://columbialawreview.org/content/hardball-vs-beanball-identifying-fundamentally-antidemocratic-tactics/|title=Constitutional Hardball vs. Beanball: Identifying Fundamentally Antidemocratic Tactics|last=Handelsman Shugerman|first=Jed|website=Columbia Law Review|language=en|access-date=May 30, 2019|archive-date=May 30, 2019|archive-url=https://web.archive.org/web/20190530123602/https://columbialawreview.org/content/hardball-vs-beanball-identifying-fundamentally-antidemocratic-tactics/|url-status=live}}</ref> a "culmination of [his] confrontational style",<ref>{{Cite book|url=https://www.palgrave.com/gp/book/9783319410326#aboutBook|title=The Obama Presidency and the Politics of Change|publisher=Palgrave Macmillan|year=2017|editor-last=Ashbee|editor-first=Edward|pages=55, 62|doi=10.1007/978-3-319-41033-3|isbn=978-3-319-41032-6|editor-last2=Dumbrell|editor-first2=John|access-date=October 6, 2018|archive-date=November 30, 2018|archive-url=https://web.archive.org/web/20181130202254/https://www.palgrave.com/gp/book/9783319410326#aboutBook|url-status=live}}</ref> a "blatant abuse of constitutional norms",<ref name="Mounk-2018">{{cite book|url=http://www.hup.harvard.edu/catalog.php?isbn=9780674976825|title=The People vs. Democracy|last=Mounk|first=Yascha|publisher=Harvard University Press|date=2018|isbn=9780674976825 |access-date=March 14, 2019|archive-date=November 27, 2018|archive-url=https://web.archive.org/web/20181127131526/http://www.hup.harvard.edu/catalog.php?isbn=9780674976825|url-status=live}}</ref> and a "classic example of constitutional hardball".<ref name="Fishkin-2018" />