The Corner

Law & the Courts

Should vs. Shall

There are at least a couple of Republican senators who think that the Senate should wait until after the election to consider a Supreme Court nominee. That is an understandable position, or should be, even to those who disagree.

But to insist that the Senate should wait to act is not a pledge to follow any particular course of action if the Senate declines to take that advice, if it does not wait, and if, in fact, the matter comes to a vote, as Mitch McConnell intends.

The questions are separate and should be understood separately.


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