The Senate Must Consider Supreme Court Nominations in Due Course

The Senate Must Consider Supreme Court Nominations in Due Course

“By refusing to consider any nominee put forth by President Obama for the remainder of his term, the Senate is exceeding its constitutional power by effectively asserting the authority to initiate or not initiate the nomination process. This asserted power goes far beyond any authority for the Senate contained in the Appointments Clause. Moreover, by asserting the power to foreclose an appointment before a nomination is made, the Senate is attempting to exercise a pre-nomination power rather than a post-nomination reaction to the President’s nominee. In so doing, the Senate is asserting a role in the nomination process that has absolutely no basis in the text of the Constitution.”

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Skills

Posted on

November 1, 2019