By Danielle Chavira

(CBS4) – Colorado Sen. Cory Gardner released a statement about his position on the U.S. Supreme Court vacancy left by the late-Justice Ruth Bader Ginsburg. Gardner had avoided answering questions from journalists until Monday evening.

“When a President exercises constitutional authority to nominate a judge for the Supreme Court vacancy, the Senate must decide how to best fulfill its constitutional duty of advice and consent. I have and will continue to support judicial nominees who will protect our Constitution, not legislate from the bench, and uphold the law. Should a qualified nominee who meets this criteria be put forward, I will vote to confirm.”

Gardner’s statement follows criticism about both Democrat and Republican vows and promises made in 2016 when then-President Barack Obama tried to nominate a justice to fill Justice Antonin Scalia’s seat. The push came during an election year.

Sen. Cory Gardner arrives at the U.S. Capitol in Washington on September 21, 2020.

Sen. Cory Gardner arrives at the U.S. Capitol in Washington on Sept. 21. (credit: NICHOLAS KAMM/AFP via Getty Images)

Then, the Senate majority, including Gardner, refused to hold a hearing on his nominee. Four years later, President Donald Trump is pushing to fill the vacancy before the upcoming election. He’s expected to make his nomination later this week.

Sen. Cory Gardner during a Senate Foreign Relations committee hearing in the Dirksen Senate Office Building in Washington on July 30, 2020.

Sen. Cory Gardner (credit: GREG NASH/POOL/AFP via Getty Images)

Denver Mayor Michael Hancock criticized the notion of filling the seat so close to an election. He said the decision should require more consideration.

“When Justice Scalia passed in early 2016, Sen. Gardner and his colleagues stated in their refusal to even hold a hearing on President Obama’s nominee: ‘Our next election is too soon and the stakes are too high; the American people deserve a role in this process as the next Supreme Court Justice will influence the direction of this country for years to come,'” Hancock stated.

RELATED: Sen. Cory Gardner Says Senate Must Act On Supreme Court Nominee

“If nine months before an election was too soon in 2016, surely 43 days before the 2020 election is also too soon. Sen. Gardner and his colleagues also stated the next president should have the opportunity to fill the seat. If that was their position then, it should be the same now,” he stated.

(credit: CBS)

Demonstrators gathered outside the senator’s downtown Denver office on Monday urging him to not vote on a nominee until after the election.

Former Gov. John Hickenlooper, and current candidate for Senate, released this statement:

“Hours after Donald Trump pressured him to get in line, Cory Gardner dutifully obeyed. In 2016, Senator Gardner set a clear standard that the people should have a voice in the selection of the next Supreme Court Justice – but now he broke it to stand with the president at the expense of Colorado, as he’s done 100% of the time.”

Danielle Chavira

Comments (23)
  1. Mary says:

    In 2016, Gardner stated: “Again, I think we’re too close to the election. The president who is elected in November should be the one who makes this decision.”, followed by “We are deep in the heart of a political campaign, a divisive election, a divisive president, who has done nothing but overreached Congress time and time again,” he added. Note that Obama’s attempt to have Merrick Garland confirmed as a replacement for Scalia (and the GOP members of the Senate who had control were so GUTLESS they didn’t even have hearings – after which they could have voted not to confirm) was just under 8 months before the presidential election – so I really need an explanation as to why less than TWO MONTHS prior to a presidential election is acceptable.

    My pyschic sense is that Hickenlooper’s next ad will be a LOOP of Gardner making those statements – and I sincerely hope it costs the HYPOCRITE his Senate seat.

    By the way – if Gardner thought Obama was divisive, I suggest someone play a collection of of Trump’s MANY divisive, overreaching comments and actions (and cheerfully point out that in less than 4 years, Trump has issued 181 executive orders compared to the 276 Obama issued in EIGHT)

  2. Extirpate the Fascist (Republican) and Collaborationist (Denocratic) Parties both, now! Intern their leaders; drive their members from government and society. Stop all meetings of these traitorous political conspiracies against our People and Constitution. No sanction is too extreme to rid the United States of these internal enemies!

  3. TomTancredoFan says:

    CNN and MSLSD won’t tell you, MedusaPelosi and Schumer the Tumor won’t tell you. 29 times there have been election year vacancies in the Supreme Court. 19 of them were when the President and the Senate were of the same party. 17 of those 19 were confirmed. 10 of those were when they were of different parties. Only 2 of the 10 were confirmed. Obama said it fairly succinctly; “Elections have consequences.”

  4. Chip says:

    The Constitution says the President SHALL make a nomination for the court and the US Senate will advise and consent. Pretty much the same thing Gardner is saying isn’t it commies?

    1. Cornholio says:

      Yeah, if Moscow Mitch had allowed Obama the same courtesy when he had a SCOTUS vacancy to fill 9 MONTHS before the election nobody would be terribly upset. It’s when the hypocritical GOP senators and Moscow Mitch all of a sudden decide it’s imperative to fill the position ASAP when they did the exact opposite 4 years ago that rubs folks the wrong way. The GOP has no morals and are total hypocrites.

  5. Ed Johnson says:

    SAY GOODBYE TO THE SENATE, ex-Senator Gardner.

    What did Moscow Mitch use to buy your vote?

  6. JohnPaul says:

    Thank you Senator Gardner.

    Country First!

    1. Sarah S. says:

      Actually John by voting to confirm he is putting party before country and dividing America further. When you set a standard that suits you and then change the rule to suit you again it proves you lack character and honesty. Wouldn’t vote for this guy…ever.

      1. JohnPaul says:

        Dividing the Country?

        Democrats; do what we say or we will burn it down or hurt you.

    2. KDUKE says:

      “Country first?” This bozo just said he would “confirm” WITHOUT KNOWING WHO THE NOMINEE IS.
      Does that sound like “country first” or PARTY FIRST?

      1. anyway... says:

        The author of this piece may be a novice fly-fisher, but is a Journeyman liar.

        The headline presents a clipped quote, which turns the report of the *actual* quote into a lie.

        The contextual and *true* part of the quote from Gardner is “…Should a qualified nominee who meets this criteria be put forward, I will vote to confirm”

        But never let facts get in the way of a good rant.

  7. Mike Bishop says:

    Gardner proving he’s unfit to serve.

    1. JohnPaul says:

      Jerry the boy king is unfit.

  8. John Kero says:

    5 of 7 paragraphs highlighting hypocrisy on the right but no mention of the same hypocrisy on the left regarding their 2016 statements? This is why even independent voters tune out news coverage, the bias is plain as day. The simple truth is that this is about power, and either side will use theirs if available. Witness the smearing Campaign of Kavanaugh on the basis of lies just because the Supreme Court carries so much power in a divided electorate.

    1. Sarah S. says:

      Why do people keep bringing up the Kavanaugh vote….just a distraction from the fact that we have NUMEROUS senators on camera stating the position that there shouldn’t be a SCOTUS replacement during an election year yet here they go ignoring their position from 2016. Or maybe it’s just a distraction from Trumps incompetence 200,000 dead of Covid. Independent voters (me) are tired of the hypocrisy that is right in front of us and the incompetence that is killing Americans.

      1. John Kero says:

        It appears you have a reading comprehension issue. Here’s an example of the hypocrisy from the left in 2016. Then-Senate Minority Leader Harry Reid said the Senate should consider a nominee immediately, according to Politico. “Deciding in advance simply to turn your back before the president even names a nominee is not an option the Constitution leaves open,” Biden said, according to Business Insider. “It’s a plain abdication from the Senate’s duty. … [It’s] never occurred before in our history.” “Elections have consequences,” then-Democratic presidential nominee Hillary Clinton said, according to Politico. “The president has a responsibility to nominate a new justice and the Senate has a responsibility to vote.”

      2. Kim says:

        People bring up the Kavanaugh confirmation process as it demonstrates the ugly liberal privilege, lying, defamation to get what they want.

        1. KDUKE says:

          Kavanaugh is a party toady, utterly unfit to be a judge in county court.
          If you weren’t a member of a blind party cult, you would grasp that.

          1. Kim says:

            Your angry liberalism is showing. I am not a Republican or a Democrat!

  9. Tony Turrentine says:

    So how come you senators refused to allow votes 4 years ago, because you said it was an election year. Your as two faced as the rest of your Republican comrades.No for you on November 3.

    1. JohnPaul says:

      Democrats abuse power.

      1. Cornholio says:

        The GOP has done nothing BUT abuse power since Trump took office. Trump has blatantly broken the law and all norms of decency and the GOP just looks the other way. Fortunately when he’s voted out, he will not be immune from the numerous State charges that are headed his way and the GOP can no longer protect him.

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