I was going to highlight the manifold distortions in this Christmas Day house editorial in the New York Times, hilariously titled “The Stolen Supreme Court Seat.” But I see that it largely repeats the silly claims that the NYT editorial board made on the eve of the election in “A Coup Against the Supreme Court.”
So I’ll refer the interested reader to my response to that earlier editorial as well as my more extended response to Geoffrey Stone’s similar claims.
I will also again highlight that President Obama’s former White House counsel recently acknowledged that if the political roles had been reversed—if, that is, a Supreme Court vacancy had arisen in an election year in which the president was a Republican and the Senate was controlled by Democrats—she would have recommended that Senate Democrats take exactly the same course (no hearings, no vote) that Senate Republicans took on the Scalia vacancy.