U.S. Senate Minority Leader Chuck Schumer has thrown down the gauntlet: He is prepared to fight to keep the vacancy on the U.S. Supreme Court unfilled for the next year, maybe longer.
Don’t do it, Mr. Leader.
The president is going to nominate someone to fill the vacancy created nearly a year ago by the death of Justice Antonin Scalia. President Obama nominated Merrick Garland to replace Scalia, but Senate Republicans blocked the nomination in a brazen display of petty partisanship by refusing to give Judge Garland a hearing and a vote.
They were as wrong and petty as could be.
We now have a new president and Donald J. Trump is as entitled to make his selection as Barack Obama was entitled. Thus, the Senate should proceed with confirmation hearings and then a vote.
I’ve noted many times already on this blog about my belief in presidential prerogative. Yes, the Constitution also grants the Senate the right to “advise and consent” to whomever the president nominates.
Schumer, though, should at least wait to see who the president nominates before deciding whether to block an appointment.
I agree with Schumer and Senate Democrats on this point: Trump should select a mainstream candidate. The president need not pick a fight with Democrats just for the sake of picking a fight. If he presents a nominee who is considered to come from the right-wing fringe of the judicial/political spectrum, then perhaps the Senate has grounds to protest the nomination.
Blocking a Trump nominee just for the sake of blocking someone — or to exact revenge — is no more acceptable than the idiotic effort to block an Obama nominee.
It wasn’t an “effort,” John. They did it. It was their goal from the beginning of his presidency, as per Mitch McConnell, to block everything he proposed.
Point taken.