Instruct: Classify the given comments as either toxic or not toxic
Query: Merrick Garland had his chance while Sec. Clinton was running. The American people chose another candidate, and left it up to the winner to be the one to nominate a replacement for the great justice, Antonin Scalia.

Clinton would have nominated him when she ascended to the Presidency, but she can't because she didn't.

Election have consequences. They always will.