Senate Majority Leader Mitch McConnell said Saturday that the late Supreme Court Justice Antonin Scalia’s place on the high court should not be filled during President Obama’s term. That’s a sensible approach, given that we’re in the middle of a quite–high energy–political fight.
Then Clintonista political hack who plays a political commentator on TV George Stephanopoulos (aka “a stain on journalism“) asked Marco Rubio if he would promise not to appoint a Supreme Court justice in his final year as president. Rubio’s answer is also sensible.
I’m not — he [the president] has the legal right to do it, but — and — and as president, I would recognize that precedent and the precedent that’s been set over the last 80 years has been that in the last year of a president’s term, and in a second term especially, there should not be Supreme Court nominees put into lifetime positions for a president that you’re not going to be able to hold accountable at the ballot box. There’s going to be an election in November. This is going to be an issue in the election. The voters are going to choose a new president.
Fauxahontas Elizabeth Warren overdosed on hopey-changey leg thrills with this statement:
Senator McConnell is right that the American people should have a voice in the selection of the next Supreme Court justice. In fact, they did – when President Obama won the 2012 election by five million votes.
Suddenly the Democrats and their lickspittles have found their long lost Patriotic Duty for the Senate to allow Obama to nominate the next Supreme Court justice. But in 1960, they didn’t quite feel the same thrill.
[In] August 1960, the Democrat-controlled Senate passed a resolution, S.RES. 334, “Expressing the sense of the Senate that the president should not make recess appointments to the Supreme Court, except to prevent or end a breakdown in the administration of the Court’s business.” Each of President Eisenhower’s SCOTUS appointments had initially been a recess appointment who was later confirmed by the Senate, and the Democrats were apparently concerned that Ike would try to fill any last-minute vacancy that might arise with a recess appointment.
It’s the Senate’s constitutional role (not duty) to advise and consent; in fact, Article II, dealing with presidential power, grants the president power to appoint judges of the Supreme Court, only “by and with the advice and consent of the Senate.” There’s no similar statement requiring the Senate to do anything at all in Article I. The Senate is quite within its power to completely ignore the president’s nomination of a justice.
But now you’ll hear the leftist media screaming that McConnell and the Republican-controlled Senate is being unpatriotic or un-American in some way because they don’t want Obama appointing another liberal to the high court for life. As if such appointments are beyond politics (they’re not and have never been so).
The left is exercising transparent hypocrisy and–put bluntly–being slimy in asking Rubio or any other GOP candidate if they would appoint a justice in the last year of their term. Presidents have powers, but to the left, Democrat president have MAGICAL powers.