Sunday, February 14, 2016

Justice Scalia, RIP.

The body is not even cold, and the old guard media is already jumping up and down about the Senate doing its duty to at least reject an Obama appointment in a confirmation hearing.

To be perfectly clear, the duty of the Senate is not to automatically jump into confirmation hearings as soon as there is a vacancy on the court.  Yes, elections have consequences, and even a lame duck President can push forward a person he wishes to appoint to the court.  Appointments are a shared power:  the President, "by and with the Advice and Consent of the Senate, shall appoint ... Judges of the supreme Court...". The Senate is fulfilling its constitutional duty by stating no confirmation hearing shall occur until after the inauguration of the new President.

Scalia would have told you this himself.  RIP.

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