Tag Archives: Merrick Garland

Next up: Supreme Court nomination

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.

SCOTUS fight drips with irony

I cannot resist commenting on the irony that envelops the upcoming fight over filling the ninth seat on the U.S. Supreme Court.

Donald J. Trump is going to nominate someone to fill the seat vacated by the death of conservative icon Justice Antonin Scalia. U.S. Senate Democrats are vowing to fight whoever the new president nominates.

For the record, I’ll stipulate once again that I believe strongly in presidential prerogative on these appointments. I believe the president deserves to select whoever he wants to sit on the highest court; I also believe in the Senate’s “advise and consent” role in deciding whether to approve these nominations.

http://www.politico.com/story/2017/01/senate-supreme-court-fight-mitch-mcconnell-chuck-schumer-233194

But here’s where the irony covers this discussion.

Senate Republicans blocked President Barack Obama’s effort to nominate a centrist jurist, Merrick Garland, to the seat after Scalia died. They denied Garland a hearing before the Senate Judiciary Committee. They said within hours of Scalia’s death that Obama must not be allowed to fill the seat; that task, Majority Leader Mitch McConnell said, belonged to the new president.

Senate Republicans denied Barack Obama the opportunity to fulfill his constitutional responsibility. They engaged in a shameless — and shameful — game of politics.

Their response now? Why, they just cannot believe that Democrats might vote en masse against anyone Trump nominates. Senate Minority Leader Chuck Schumer vows that Democrats are going to dig in against anyone Trump picks for the court.

Revenge, anyone?

Senate Democrats likely cannot do what Republicans did when they denied Merrick Garland even a hearing to determine whether he should take a seat on the Supreme Court.

Indeed, the court needs a ninth vote to avoid deadlocked decisions. For that matter, the court should have welcomed the ninth justice long ago when President Obama nominated Merrick Garland.

Ahh, the irony is rich. Isn’t it?

What about a ‘consensus candidate’ for high court, GOP?

Americans are going to get a good look — probably fairly soon — at just how duplicitous many of our politicians can be.

Let’s consider the vacancy on the U.S. Supreme Court.

Justice Antonin Scalia died suddenly early this year while vacationing in Texas. President Obama then had to find someone to nominate to replace the longtime conservative icon. He found a centrist in Federal Judge Merrick Garland.

Republicans said before Garland got the nod that they would block anyone the president nominated. No hearing. No testimony. No vote. Nothing, man.

Throughout the president’s two terms in office, GOP senators had insisted that the Democratic president nominate “consensus” jurists to the nation’s highest court. He managed to get two justices confirmed: Sonja Sotomayor and Elena Kagan.

Garland was confirmable — had he been given the chance to make his case. Except for one thing: Confirming a centrist such as Garland would change the political balance of power on the Supreme Court, which held a slim conservative majority with Scalia.

A Republican now has been elected president. Will the new man, Donald J. Trump, nominate a “consensus” jurist for the high court? Will he find someone who splits the difference between liberals and conservatives?

Something tells me he’s going to tack to the far right as a sop to those who stood by him on the campaign trail.

Consensus? Who needs consensus when you and your political party control the White House and the Senate.

The upcoming Supreme Court appointment process is going to get ugly. Real ugly.

U.S. Supreme Court: a victim of collateral damage

Elections have consequences … as the saying goes.

Nowhere are those consequences more significant, arguably, than on our judicial system. Which brings me to the point. The U.S. Supreme Court has suffered what I would call “collateral damage” from the election of Donald J. Trump as president of the United States.

A nearly perfect jurist, Merrick Garland, waited in the wings for nine months after President Obama nominated him to replace the late Justice Antonin Scalia. Sadly, Garland’s political fate was sealed about an hour after Scalia’s death when Senate Majority Leader Mitch McConnell declared that the Senate would refuse to act on anyone Obama would choose for the nation’s highest court.

It was a shameful, reprehensible display of political gamesmanship and yet McConnell and his fellow Senate Republicans had the temerity to accuse the president of playing politics.

McConnell took a huge gamble — and it paid off with Trump’s election this past month as president. Now the new president, a Republican, will get to nominate someone.

The New York Times editorialized Sunday that whoever joins the court will be sitting in a “stolen seat.” The Times, though, offers a pie-in-the-sky suggestion for Trump: He ought to renominate Garland, a brilliant centrist who Republicans once called a “consensus candidate” when he was being considered for the Supreme Court back in 2010.

That won’t happen.

Trump, though, could pick another centrist when the time comes for him to make his selection, the Times suggested. Frankly, I’m not at all confident he’ll do that, either. Indeed, with Trump one is hard-pressed to be able to gauge the ideology tilt of whomever he’ll select, given the president-elect’s own lack of ideological identity.

Scalia was a conservative icon and a man revered by the far right within the Republican Party. His death has put the conservatives’ slim majority on the court in jeopardy. But, hey, it happens from time to time.

President Obama sought to fulfill his constitutional duty by appointing someone to the nation’s highest court. The Senate — led by McConnell and his fellow Republican obstructionists — failed miserably in fulfilling their own duty by giving a highly qualified court nominee the full hearing he deserved.

Now we will get to see just how consequential the 2016 presidential election is on our nation’s triple-tiered system of government.

Will the new president administer some kind of conservative “litmus test” to whomever he chooses? Or will he look for someone who — like Judge Merrick Garland — has exhibited the kind of judicial temperament needed on the highest court in America?

I fear the worst.

Can the president go over Congress’s head on Garland pick?

aptopix_supreme_court_senate-0e1dc-1233

This would require some serious stones on the part of the president of the United States.

But consider what a legal scholar, Gregory L. Diskant, is offering: Barack Obama can appoint U.S. Chief District Judge Merrick Garland to the Supreme Court without Congress providing its “advice and consent.”

The question for me: Does the president have the guts to do it?

Diskant, writing for the Washington Post, asserts that the Constitution has a provision that allows a presidential appointment if the Senate “waives” its responsibility to provide its consent. Thus, the notion goes, the president is within his right as the nation’s chief executive to simply seat someone on the highest court because the Senate has refused for an unreasonable length of time to fulfill its constitutional responsibility.

Diskant cites President Ford’s appointment of John Paul Stevens to the court in 1975. Nineteen days after the president nominated Stevens, the Senate voted 98-0 to confirm Justice Stevens.

https://www.washingtonpost.com/opinions/obama-can-appoint-merrick-garland-to-the-supreme-court-if-the-senate-does-nothing/2016/04/08/4a696700-fcf1-11e5-886f-a037dba38301_story.html?postshare=6971479245651399&tid=ss_fb

President Obama nominated Garland months ago after the tragic death of longtime conservative Justice Antonin Scalia. The Senate refused to give his nominee a hearing, let alone a vote, saying that a “lame duck” president shouldn’t have the right to fill a vacancy on the court; that job should belong to the next president, according to Majority Leader Mitch McConnell, R-Ky.

“No Drama Obama” could go out — if he so chose — with a serious boom if he follows Milbank’s suggestion.

Given the obstruction that Senate Republicans have thrown in front of the president for nearly his entire two terms in office, it would serve them right if Barack Obama took the dare being offered.

GOP looking to make Hillary’s service difficult

cruz

Ted Cruz has joined his Senate Republican colleague John McCain in declaring war on a potential — if not probable — new president’s appointment powers.

Cruz, the former GOP presidential candidate, says there is “precedent” for the Supreme Court to operate with only eight members. That is a form of code for saying that it it’s OK for the Senate to block anyone that a President Hillary Clinton would nominate to fill the vacant ninth seat on the nation’s highest court.

https://www.texastribune.org/2016/10/27/cruz-says-theres-precedent-keeping-ninth-supreme-c/

McCain was wrong to say such a thing.  Cruz is equally wrong.

Assuming that Clinton wins the presidency in eight days, the Senate Republicans are digging in as they seek to block any appointment the Democratic president might make.

President Obama already has felt the sting of raw politics in that process. Antonin Scalia died eight months ago while vacationing in Texas. Obama selected federal judge Merrick Garland to replace the late Supreme Court justice — one of the conservative titans on the narrowly divided court.

The reaction from Senate Majority Leader Mitch McConnell was shameful in its political nature. Within hours of Scalia’s death, he declared that the Senate would block anyone President Obama would nominate; he declared that the nomination should be handled by the next president.

Well, Mr. Majority Leader, the next president is likely to be a Democrat, too. That has prompted Sens. McCain and Cruz to suggest that the next president won’t be able to nominate anyone, either.

Who’s playing politics with the U.S. Constitution? Republicans keep insisting that Democrats are doing it. They are shamefully lacking in self-awareness … as the continuing vacancy on the U.S. Supreme Court has demonstrated all too graphically.

McCain enters the fray with threat of a crisis

WASHINGTON, DC - MARCH 26:  U.S. Sen. John McCain (C) (R-AZ) speaks during a press conference on the recent bombings by Saudi Arabia in Yemen March 26, 2015 in Washington, DC. During his remarks Graham said, "The Mideast is on fire, and it is every person for themselves." (Photo by Win McNamee/Getty Images)

John McCain must be unable to stand the sight and sound of another Republican blowing a once-great political party to smithereens.

The Arizona senator has this apparent need to get into the action himself by making an absurd — and frankly, frightening — assertion about how he and his GOP colleagues are going to handle the next president’s appointments to the U.S. Supreme Court.

Donald J. Trump’s presidential candidacy is imploding, paving the way for Hillary Rodham Clinton’s election in three weeks as the first female president of the United States.

What, then, does McCain do? He declares that U.S. Senate Republicans will make it their mission in life to block every single appointment Clinton might make to the Supreme Court.

That’s it. None will make it through the sausage-grinder of the confirmation process if Sen. McCain has his way. He’s actually one-upping the ridiculously political posture that Senate Majority Leader Mitch McConnell struck when he said that President Obama’s next pick would be stalled because, according to McConnell, he’s a “lame duck” and that the vacancy created by the death of Justice Antonin Scalia needed to be filled by the next president.

Do you remember how McConnell weighed in within an hour of he world learning that Scalia had died?

Hell, that’s not good enough for McCain. He and his fellow Senate Republicans are going to block them all!

I’ve long expressed admiration for McCain. I’ve saluted his service to the country — notably his heroic actions as a prisoner of war in Vietnam. However, my old pal Jon Talton, who knows Arizona politics better than anyone I’ve ever met, put the senator’s public life into an interesting perspective in a recent blog post. Here it is:

http://www.roguecolumnist.com/rogue_columnist/2016/10/a-looming-constitutional-crisis.html

As Talton wrote: “From ‘moderate’ ‘independent’ McCain, we have warnings of what’s to come. This puts him in the Kook camp that would make Hillary’s election automatically illegitimate. Four years of scorched earth and worse.”

I’ll let Talton’s assessment of McCain’s career stand on its own. He knows more about it than I do.

The idea that McCain would quadruple-down on efforts to block the next President Clinton’s appointment authority to fill potential vacancies on the nation’s highest court creates the threat of a serious constitutional crisis. It could be far worse than, say, Watergate — which was pretty damn frightening.

I continue to hold out hope that President Obama’s pick to replace Scalia — U.S. District Judge Merrick Garland — would get a hearing in the lame-duck session of Congress once the election is over. Senate Republicans might lose control of the upper chamber as Trump’s candidacy goes down in flames. Garland — as solid and mainstream a nominee as you can imagine — might prove to be as suitable a court pick as they could hope for.

Now we have Sen. McCain declaring that no one Clinton would select will be able to pass Senate GOP muster. No one!

Obstruction, anyone? There you have it — in the starkest terms possible.

Judge Garland’s future hangs in election balance

FILE - In this May 1, 2008, file photo, Judge Merrick B. Garland is seen at the federal courthouse in Washington. President Obama is expected to nominate Federal Appeals Court Judge Merrick Garland to the Supreme Court. (AP Photo/Charles Dharapak, File)

Merrick Garland isn’t allowed to campaign actively for partisan political candidates.

You see, he must follow certain judicial canons that prohibit him from such activity.

I’m betting he’s chomping at the bit nonetheless.

Garland is the federal judge who has been nominated for a seat on the U.S. Supreme Court. President Obama made the nomination, only to run straight into a Republican roadblock erected by Senate Majority Leader Mitch McConnell who said the president shouldn’t get to fill the ninth seat on the court; that task should belong to the next president.

McConnell made that demand believing the next president would be a Republican. Then the GOP nominated Donald J. Trump. My gut tells me now that McConnell isn’t too keen on Trump, who I believe is going to lose the presidential election to Democratic nominee Hillary Rodham Clinton.

That eventuality puts Garland back in the driver’s seat.

If Clinton wins, then McConnell well might feel the necessity to proceed with Judiciary Committee hearings and then a floor vote on Garland’s nomination during a lame-duck congressional session.

If Hillary Clinton is the next president, then it’s almost certain that she will nominate someone who is more to the left than the centrist Garland, who Obama chose because of his superb judicial temperament — and the fact that the Senate approved him overwhelmingly to a seat on the D.C. District Court in 1997.

There’s another calculation McConnell needs to make: Clinton’s victory well could swing the Senate’s balance of power back to the Democrats. And that makes it even more critical for the Republicans — who would run the Senate until the new folks take office in January — to at least exert some measure of control over the proceeding.

Yes, this election is important. Don’t you think?

This election back story involves a judge

FILE - In this May 1, 2008, file photo, Judge Merrick B. Garland is seen at the federal courthouse in Washington. President Obama is expected to nominate Federal Appeals Court Judge Merrick Garland to the Supreme Court. (AP Photo/Charles Dharapak, File)

So-o-o-o many back stories to examine, so little time — it seems — to do them all justice.

Speaking of justice, here’s a back story that might get some traction if current presidential election trends continue toward Election Day.

Merrick Garland. Do you remember him? President Obama nominated him to a seat on the U.S. Supreme Court after Justice Antonin Scalia died while on a hunting trip in Texas.

Garland’s nomination was put on the back burner by the Senate majority leader, Mitch McConnell, who declared within hours of Scalia’s death that the Senate would not consider anyone the president nominated. He would insist that the next president get that task. He said he doesn’t think it’s appropriate for a president in the final year of his second term to make an appointment to the nation’s highest court.

McConnell’s logic defies, well, logic.

Here’s how this story gets interesting.

As I am writing this blog post, Democratic presidential nominee Hillary Rodham Clinton is putting some distance between herself and Republican nominee Donald J. Trump, whose campaign is showing signs of imploding before our eyes.

So, McConnell has a calculation to make.

“Do I hope my party’s nominee pulls his head out soon enough to actually be elected president this November? Or do I concede that Clinton’s going to become the next president — and then do I allow Garland’s nomination to go forward in a lame-duck session of Congress?”

It’s looking, to me at least, as though Clinton’s going to win the election. That seems to set the table for a confirmation hearing and a vote for Garland, who by all accounts is a mainstream jurist who likely will be as suitable a pick as the Republicans are going to get — presuming a Clinton election.

What’s more, it also is entirely possible that Democrats will regain control of the Senate, which puts additional pressure on Republicans to act now while they still run the Senate.

McConnell never should have dug in his heels in the first place. He is playing politics with this constitutional task given to the president, which is to nominate candidates to the federal bench. For him and other Republicans to suggest in retaliation that Obama is playing politics is laughable on its face.

Garland has deserved a hearing and a vote ever since the president put his name forward. Hillary Clinton hasn’t said whether she would renominate Garland after she takes the presidential oath in January, which leads me to believe she’ll find someone else.

Obama sought to appease his GOP critics in the Senate by nominating Garland in the first place. He knew the Republican majority would resist anyone he nominated. He sought to find someone who already had been approved to the federal bench and who had impeccable judicial credentials.

If the trend continues and Trump continues to fall farther and farther into the political ditch, my strong hunch is that Majority Leader McConnell will cry “Uncle!” and give Merrick Garland the hearing — and the up-or-down vote in the Senate — he has deserved all along.

Tie goes to the GOP with SCOTUS decision

immigration

The U.S. Supreme Court’s non-decision on President Obama’s executive order regarding illegal immigrants just demonstrates the need to get that ninth seat on the court filled.

OK, the president lost this one. The court came down 4 to 4 to uphold a lower court ruling that had set aside the president’s executive order that granted temporary amnesty to around 5 million undocumented immigrants.

His order would have spared millions of families from the fear of deportation, particularly those families with children who were born in the United States and, thus, were American citizens.

Now, their future is a quite a bit more uncertain.

Everyone knows that the court would have ruled 5-4 had Justice Antonin Scalia had been present to decide. He wasn’t. He’s now deceased. The president has nominated a moderate jurist to replace him. Senate Republicans won’t give Merrick Garland a hearing and a vote because they want the next president to make the selection.

So, the tie vote means the Republicans win this round.

Texas Attorney General Ken Paxton said, “I think the Constitution was upheld and this idea that there is a separation of powers — that no one person gets to make up law — was upheld,” Paxton said. “That’s a great thing for America.”

http://www.politico.com/story/2016/06/supreme-court-deadlocks-thwarting-obamas-immigration-actions-224720#ixzz4CS8xrwhm

But is it? Is it a great thing for those families that have come here to carve out a new life and for their children who were born here and who have considered themselves Americans for their entire life?

We can’t change the court’s non-decision now that it has acted — although I remain a bit dubious about how a tie vote actually settles anything. It reminds me a little bit of how court cases are decided on “technicalities.”

Obama and presumptive Democratic nominee Hillary Clinton both say the permanent answer must rest with Congress. Clinton vowed to seek congressional action if she’s elected president this fall.

Do I — as a layman — like how the court “decided” this case? Not in the least.

But you play the hand you’re dealt.

It does show quite brightly, though, why it’s important to fill that ninth seat on the Supreme Court — and why Merrick Garland deserves a hearing and a vote of the Senate.