“Separation of power says the judiciary committee is supposed to confirm qualified judges and then what the Supreme Court does, that is their function, not my function.”
— Arlen Specter, late Senator from Pennsylvania
Since the sudden death of Supreme Court Justice Antonin Scalia this weekend, there has been much silliness coming from the GOP regarding whether or not the President could make an appointment in his last year in office. He can, and there is ample historic precedent. And of course, continuing the wonderful tradition of inaction that they began in January 2009, they intend to block any attempt appoint a replacement. Because if it isn’t a vote to repeal Obamacare, allow more campaign contributions, or launch another Benghazi hearing, why should they bother.
Okay – let’s get serious for a minute. First of all, you are proving, once again, what complete asses you are. You would rather see a vacancy on the court (which does not stop the court from deciding cases), than miss an opportunity to appoint someone who see the world through your eyes to the court. But that is explicitly not the role of the court. It astonishes me that so many of you managed to get through law school.
Second, you are gambling that someone that you do agree with is going to win in November. But, given that the two GOP front-runners are not exactly mainstream GOP candidates – well honestly folks – Ted Cruz believes he was chosen by God to be president and Donald Trump thinks he is God. Good luck with any choices made by either candidate should they win. Upholding what constitution?
And third, you are missing the point that judicial activism, or campaign contributions, or sharing your personal views on abortion or marriage equality, is NOT what makes a good supreme court justice. And you are confusing your own constitutional responsibility with your desire to pack a court with judges sympathetic to your donors.
Article II, Section 2, paragraph 2 of the US Constitution is actually pretty clear (& by the way fails to mention anything about being void during the final year in office):
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
It is not merely the president’s right to nominate, it is actually a duty. So, once again, I respectfully request that our elective representatives get over themselves, and do your damn jobs.