Rubio: We’ll ‘Go Through the Motions’ for a SCOTUS Nominee Post-Obama

‘We will go through the motions, but not while Barack Obama’s in the White House’

RUSH TRANSCRIPT: 
TODD: "And I started with senator Rubio asking him whether the Senate has an obligation to give the president’s supreme court nominee an up or down vote."
RUBIO: "We have an obligation to do it, but not now. The term of this supreme court is already — they just started it, but it’s not all yearlong. The court can function with eight justices, it does it all the time especially when justices have to recuse themselves. Kagan has to recuse herself early in the term. We’re going to have an election in November where this vacancy will be an item of debate and voters will get to weigh in. I don’t think it’s wise and it’s precedent for this president nearing the last few months of his administration to put someone on the court that may be there for 30 years."
TODD: "So you don’t think — I understand that. And I understand the decision that you may not support and that the Republican majority doesn’t want this, but aren’t they obligated to at least go through the motions here? I mean, you’re saying —"
RUBIO: "No."
TODD: "You’re saying don’t even go through the motions, why?"
RUBIO: "Correct. We will go through the motions, but not while Barack Obama’s in the White House. It’s not going to happen."
TODD: "Do presidential terms end after three years? That’s what I don’t understand is why not go through the advice and consent. You don’t have to approve it. You can reject it. That’s what happened in ‘68. But why not go through this process?"
RUBIO: "Because there’s — actually, it’s not just for the supreme court. Even for appellate courts it’s been both parties followed this precedent. There comes a point in the last year of the president, especially in their second term, where you stop nominating — or you stop the advice and consent process. You basically say at this point with a few months left in your term, no accountability from the ballot box and the appointment you’re going to make on a lifetime appointment. That’s the important thing here. These are not laws that can be — but these are not laws that can be reversed. In essence this is a lifetime appointment to the highest court in the country at a time when the balance of the constitution and the court’s interpretation of it is at stake. Mitch McConnell has already made it clear we’re not moving forward and I support 100%. Bottom line I don’t trust Barack Obama on the appointment of supreme court justice. We cannot afford to have Scalia replaced by someone like nominees he’s put there in the past. We’re going to have an election, there’s going to be a new president. I believe it’s going to be me. We’re going to look for someone that most resembles Scalia to replace him."

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