Tag Archives: Senate confirmation

Get ready for the biggest fight of all

Supreme-Court-blue-sky

The fight over immigration?

Or the Affordable Care Act?

Or budget priorities?

How about gay marriage?

All of those battles between President Barack Obama and the U.S. Congress are going to pale in comparison to what’s coming up: the battle to find a suitable nominee to the U.S. Supreme Court.

Justice Antonin Scalia’s sudden and tragic death Saturday has caused political apoplexy in both sides of the divide in Washington.

Democrats want the president to nominate someone sooner rather than later. Republicans want the nomination to wait until after the election, with the hope that one of their own will occupy the White House beginning Jan. 20, 2017.

President Obama indicated last night he’s inclined to move forward, to nominate someone and to insist on a “timely vote.”

He is correct to insist that he be allowed to fulfill his constitutional responsibility and that the Senate fulfill its own duties.

One of the Republican candidates, Sen. Marco Rubio, said last night that no one has been appointed during an election year. He’s half-right. President Reagan appointed Anthony Kennedy to the high court in 1987; a Democratically controlled Senate confirmed him in 1988, which certainly was an election year.

Consider this, though: Justice Kennedy succeeded another GOP nominee, the late Justice Lewis Powell (picked by President Nixon). Kennedy’s appointment and confirmation did not fundamentally change the balance of the court.

This vacancy is different. By a lot.

Justice Scalia was a towering figure among the conservative majority that serves on the court. Whoever Obama selects surely will tilt to the left.

Therein lies the fight.

Senate Majority Leader Mitch McConnell, a Republican, said the vacancy should be filled after the election, adding that the “American people deserve a voice” in determining who sits on the court.

He could not be more off base. Yes, the voters deserve a voice. However, they spoke decisively about that in November 2012 when they re-elected Barack Obama as president.

Indeed, elections have consequences. There can arguably no greater consequence than determining who gets to select candidates to sit on the nation’s highest court.

The president — whoever he or she is — has a constitutional responsibility to act on a timely manner when these vacancies occur. Moreover, the Senate has an equal responsibility to vote up or down on anyone nominated by the president.

I’ve long believed in presidential prerogative — and my belief in that has never wavered regardless of the president’s party affiliation.

So, let’s mourn the death of a distinguished and, in the president’s words “consequential” justice. Then let us allow the president to do the job allowed by the Constitution and then let us demand that the Senate do its job by voting on whoever the president selects to fill this critical court vacancy.

 

President, Congress head for rocky stretch run

There ought to be little doubt left that President Barack Obama’s final laps at the White House are going to be full of bitter quarrels with another “co-equal branch of government,” the U.S. Congress.

It didn’t need to come to this. But it has.

http://www.politico.com/story/2015/04/barack-obama-delaying-loretta-lynch-vote-embarrassing-gop-117081.html?hp=b1_r1

The president took particular umbrage the other day at the Senate’s inexcusable delays in confirming Loretta Lynch to become the next attorney general.

“Nobody can describe a reason for it beyond political gamesmanship in the Senate,” Obama said during a news conference with Italian Prime Minister Matteo Renzi. “I have to say that there are times where the dysfunction in the Senate just goes too far. This is an example of it.”

As Politico reports, part of the reason for this dysfunction appears to be that the previous Congress opted out of deciding Lynch’s nomination, preferring to hand the job over to the current Congress. I’ll admit to supporting that view, given that the 113th Congress was leaving office. I put some measure of faith in the 114th Congress being able to do right by Lynch, the president and the cause of ensuring that we have a fully functioning Justice Department.

I guess I should have known better. My bad.

The delay now has nothing to do with her qualifications, which are superlative. It has everything to do with side issues that Senate Republicans have concocted as a pretext.

And the president calls it an “embarrassment.” Do you think? I do.

And get this, also from Politico: “Lynch was approved by the Senate Judiciary Committee on Feb. 26, so her nomination has lingered on the Senate floor for 50 days. That is longer than the previous seven attorneys general had to wait from committee approval to floor confirmation vote — combined.”

No wonder the president is angry.

It’s not going to get any better, Mr. President. Bet on a rough ride until the end of your presidency.