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On Tuesday’s Daily Show, Trevor Noah revealed a bit of hypocrisy on both sides of the Antonin Scalia replacement debate as each side flip-flopped from a position held during a previous Supreme Court nomination. The supreme court is the highest court in America “and its nine justices have the job of settling all the disputes that lower courts cannot. Sort of like how your mom settles the disputes that your dad cannot—or that your other mom cannot, because that’s okay now, thanks to the Supreme Court.”
Now there is an opening on that powerful bench after the death of Scalia, and Republicans and Democrats are jockeying to fill it. Republicans say the next president should get to nominate the replacement, while Democrats say it is Obama’s nomination. It may seem like the Democrats are the ones being reasonable here, because the Constitution gives the nomination to the sitting president, but when Trevor tries to drop the mic on the GOP, it sticks. That’s because ten years ago, when Bush nominated Samuel Alito, Democrats did everything they could to stop it. Obama, who was a senator at the time, even tried to filibuster the nomination. Trevor tells Republicans, “You’ve shown that this is not about the Constitution, but rather just about getting what you want for your party,” then he has to give the same scolding to Democrats.