Mr_Destiny said:
Maxosaurus-rex said:
It wasn't unprecedented. Even Harry Reid said senate has no duty to consider a SC nominee
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Saying and doing are two different things. Under GWB, Reid did try a filibuster against Alito even though he knew he didn't have the votes--he got confirmed. 22 Dems voted for Roberts--he got confirmed. They could have blocked them from getting 60 votes but didn't. Nothing close to Garland's situation had ever occurred, so it definitely falls under the definition of unprecedented.
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Google "is blah blah blah unprecedented"
The answer is no. The thought that Senate will not consider lame duck nominations is long standing
https://www.theatlantic.com/politics/archive/2016/05/senate-obama-merrick-garland-supreme-court-nominee/482733/
Critics—who concede that the Senate can refuse to approve Supreme Court nominations—argue for an atextual requirement that the Senate must refuse its consent through formal procedures. But nothing in the Constitution requires this, and the Senate’s longstanding practice has included many failures to take formal action on nominees.
https://www.acslaw.org/acsblog/text-of-senator-schumers-speech
Second, for the rest of this President’s term and if there is another Republican elected with the same selection criteria let me say this:
We should reverse the presumption of confirmation. The Supreme Court is dangerously out of balance. We cannot afford to see Justice Stevens replaced by another Roberts; or Justice Ginsburg by another Alito.
Given the track record of this President and the experience of obfuscation at the hearings, with respect to the Supreme Court, at least: I will recommend to my colleagues that we should not confirm a Supreme Court nominee EXCEPT in extraordinary circumstances
Chuckie Schumer
https://www.cbsnews.com/news/history-political-fights-over-supreme-court-seats/
https://www.smithsonianmag.com/history/history-stolen-supreme-court-seats-180962589/
“There is this tendency to view history through rose-colored glasses from time to time, and to suggest we’ve never been this political,” says Charles Gardner Geyh, a law professor at Indiana University and author of the 2008 book When Courts and Congress Collide. “In reality, we have always had a highly politicized selection process.” Several times in the 1800s, Geyh says, “the Senate certainly appears to have delayed with an eye toward saving the nomination for the next president.”
Last edited by Maxosaurus-rex - on 21 May 2018