A purely partisan effort
Very shortly after the announcement of the death of Supreme Court Justice Antonin Scalia, U.S. Sen. Mitch McConnell, the Republican majority leader, announced his party’s intentions to subvert the Constitution’s “advise and consent” provision regarding a replacement for Scalia by refusing even to consider any nominee President Obama puts forward.
The Constitution clearly tasks the sitting president with nominating potential Supreme Court justices, and appointing them, “with the advice and consent of the Senate.” It says nothing about “unless this occurs in an election year” or anything of the sort.
This is an entirely partisan effort. Saying that the nomination should await the input of the voters in November denies that the voters have decided – twice – as to the occupant of the White House should be, and it is he who “shall” – according to the Constitution – nominate to the Supreme Court.
If I were a sitting president faced with this threatened intransigence, I would nominate an extremely well-qualified candidate. If no action were taken by the Senate after a month, I would withdraw that nomination, and put forth another, equally qualified candidate, and keep doing so every month until one was accepted, or November arrived. I would ask the American people to note what was happening, and the purely partisan pique which was denying the Supreme Court its full complement.
For the Senate leadership to declare that no nominee will even be considered is absurd. It has wasted quite enough time and money on its various tiltings at windmills. The time has come for it to stop freeloading at the public trough and earn its keep.
Carole McIntyre
Waynesburg