Can POTUS interpret Senate silence as ‘consent’?

checks balance

Who is Frederick W. Ford?

Never heard of him? Neither had I until I saw an article posted on LinkedIn. He’s a lawyer and mediator. I guess he’s pretty knowledgeable about constitutional law and related matters.

He has posited a fascinating idea for President Obama to consider.

Let silence be your guide. That’s his notion that the president ought to follow with regard to placing Merrick Garland on the Supreme Court.

The article is attached to this blog post. I encourage you to read it all of it. The crux of his argument is that the Senate has the constitutional duty to “advise and consent” to the nomination of federal judges. But what if the Senate remains silent on the issue? What if senators don’t hold hearings and don’t debate the nomination fully?

Ford said the president can take their silence as a form of tacit “consent.” He lays it out there in a lot legal mumbo-jumbo that, frankly, I don’t get; a lot of it is in Latin and I don’t speak the language.

I get the sense that Ford thinks Obama ought to do it. Just call a swearing-in ceremony and have the man take his oath — and then take his seat on the bench when it reconvenes this October.

Senate Republicans want to wait for the next president to make the appointment.

The current president doesn’t want to wait.

Wouldn’t that simply send the Senate into apoplectic shock if Barack Obama follows the advice offered by someone named Frederick W. Ford?