‘Court-packing scheme’ is specious argument

The National Review Online is supposed to be a respected publication.

The editorial attached to this post, however, suggests that the folks who run the publication fail to understand a key component of the U.S. Constitution. It’s the part that gives the president of the United States the authority to make critical executive and judicial branch appointments.

http://www.nationalreview.com/article/364556/nuclear-fallout-editors

The NRO is upset with Senate Democrats’ decision to invoke the so-called “nuclear option” as it relates to the filibuster. Senate Majority Leader Harry Reid took the highly risky step as a way to allow President Obama to have his appointments cleared from a Senate that had obstructed them through the use of the filibuster. It once took 60 votes out of 100 to break a filibuster. It now takes just 51 votes. The rule change involves all appointments except those involving the U.S. Supreme Court.

The Senate has nuked itself.

The NRO, though, says that the filibuster is secondary to what it says is the real reason for the action. “The filibuster is a minor issue; the major issue is that President Obama is engaged in a court-packing scheme to protect his dubious agenda, and Harry Reid’s Senate is conspiring with him to do so,” the NRO writes.

A number of judicial appointments have been blocked by Senate Republicans that have nothing to do with the qualifications of the men and women selected. Obama seeks to fill them because, well, he is the president and the Constitution gives the person in that office the authority to act. Yes, the Constitution also gives the Senate the right to “advise and consent” to the nominations. That role, though, should be on the basis of whether someone is qualified for the job.

I’ve long believed strongly in presidential prerogative. I’ve also believed that presidents who win elections have earned the right to pick whomever they wish to key positions. This might surprise some readers of this blog, but I supported the nomination to the Supreme Court in 1991 of one Clarence Thomas, despite the uproar that arose from his selection when a woman accused him of sexual harassment.

The complaint was never proved. Thomas was qualified to serve on the highest court. Was he the kind of judge I would have picked? No. That job, though, fell to the man who was elected president in 1988, George H.W. Bush. Therefore, the president had earned the right to seat someone of his choosing on the court.

Barack Obama has precisely the same right as any of the men who’ve served before him. The Senate shouldn’t serve as a place where these nominations are stopped because of some trumped-up scheme manufactured by his political opponents.

Court-packing? Give me a break. President Obama’s job involves making appointments. Let him do that job and let the people he selects be examined on the basis of their qualifications.