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“Illogical And Irresponsible”: GOP Response To Supreme Court Nomination Makes No Sense And Could Have Big Consequences

We are just beginning to see the consequences of the Senate Republicans’ refusal to consider President Barack Obama’s nominee for the Supreme Court. On Tuesday, the court deadlocked 4-4 on a case involving public sector unions. The tied decision left current law in place, a victory for the unions, but not necessarily a victory for our system of government.

The decision is the second deadlock to come out of the court since the death of Justice Antonin Scalia in February. Last week, the court was evenly split on a case regarding possible bank discrimination.

How long can an evenly split court continue to function? Even in the face of the recent deadlocked decisions, Senate Republicans still refuse to consider the nomination of Merrick Garland for the seat left vacant by Scalia. Their refusal to move forward promises to render an entire branch of our government completely moot.

In a piece for Politico this week, University of Michigan Law School Professor Richard Primus sounds the alarm about the consequences of an incomplete court. He wrote: “A court with eight justices will often deadlock in contested cases, and therefore fail to execute the court’s major function: providing resolution on constitutional issues where the lower courts disagree.” A court that can’t function effectively is dangerous to the delicate balance of power our democracy is built upon. It disables an entire branch of government, removing an important check on the other two. Republicans’ refusal to consider Obama’s nominee means the U.S. Senate is failing in its duty to ensure the continuity of our government and move the country forward. They should reverse course immediately.

Consideration of the nominee does not equate to confirmation. If, after thoroughly vetting Garland, Senate Republicans still find him objectionable, they can vote him down and invite Obama to submit another nominee. This process can continue until both sides arrive at a mutually agreeable result. But to insist that because Obama is in his last year of office the province of filling the Supreme Court vacancy belongs to someone else is irresponsible.

Following that line of thought, all of the House and one-third of the Senate should refrain from voting on anything during election years in case their potential successors might decide something differently. Office holders do not vacate their powers and responsibilities until they are out of office. Obama is still the president. He can take us to war, sign bills into law and nominate Supreme Court Justices. The logic behind the Senate Republicans’ actions is flawed and can have far-reaching consequences.

For over 200 years now, this country has been blessed with peaceful transitions of power that have ensured the survival of our democracy. Administrations have come and gone and political parties have won and lost without creating the instability that is rampant in other parts of the world. This has happened, for the most part, because everyone involved has respected the system enough to let it work. Senate Republicans should let the system work and consider Obama’s choice for the Supreme Court. Any other course of action starts to put our stability at risk.

By: Cary Gibson, Thomas Jefferson Street Blog, U. S. News and World Report, April 1, 2016

April 3, 2016 - Posted by raemd95 | Democracy, Senate Republicans, U. S. Constitution, U. S. Supreme Court Nominees | Bank Discrimination, Congress, Election Year, Merrick Garland, Public Sector Unions, Richard Primus