This, please.
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oh, I just read the text on twitterā¦ it says āprotectā not āprotestā
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Twitter more accurate than TPM.
A proud moment indeed!
If sheās in, then the Democrats will hold the Senate Majority once more, and McConnell is toast as ML.
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The method the constitution provides is for the President to call the Congress into session to perform a constitutional duty. That call could be made daily at midnight if necessary. If Congress then refuses to meet and do their duty they could be declared by the president to not be in session, and a recess appointment made. Justices have been appointed that way before.
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I hope Democrats request a call of the house every day the senate is considered to be in session. See how Cruz & Rubio deal with that.
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I am almost certain that by refusing to hold hearings they would be committing what is called ātacit consentā, in that they had an opportunity to forbid or refuse the nomination, but did not bother. This would mean that any nominee that was not heard by the senate could theoretically be assumed to be approved if no hearings were ever planned. I wonder what would happen if a justice showed up for work without the senate ever saying diddly?
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Well, they have to hold the majorityā¦which was a pretty dicey proposition before Scalia died and now has gotten even dicier.
What they would be facing is Hillary appointing someone probably much more liberal and having that nomination confirmed by a Democratic Senate.
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Iām talking about the intent of the Founders, which they claim to revere. They have to hold hearings, and heaven forfend it goes to the full Senate, they have the majority, so they can simply vote no.
But to claim that the Constitution requires a nominee, but that they donāt have to do their damn job? For the Supreme Court?
Whether they can get away with it? Sure.
They wrote that they want to āensure the American people are not deprived of the opportunity to engage in a full and robust debate over the type of jurist they wish to decide some of the most critical issues of our time.ā
Trouble is , the Repubs are withholding the opportunity from the American people .
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Worth the wait + the horrible optics of additional Republican obstructionism?
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What is with the GOP and signing stuff? I just do not understand it. Not to mention, if we want to be textualist like they love, there is nothing about with holding consent.
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And before anyone thinks that Iām full of it about tacit consent, hereās a fully documented law journal article about how the senate could be perceived as granting tacit consent, based on the constitutional passage in question: http://www.yalelawjournal.org/pdf/1129_tk2rqipz.pdf
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Resubmit with reasons cited orā¦
Section III
he may, on extraordinary occasionsā¦and in case of disagreementā¦ he may adjourn them to such time as he shall think proper
Actually, SCOTUS asked for briefing on the ātake careā clause in connection with their review of Obamaās executive order on immigration. As I understand it, SCOTUS is asking whether there is some duty for the President to execute laws in good faith, and, if so, whether Obama did so with the immigration executive order.
If thatās on the table for the President, I donāt see why it should be off the table that Congress also has some duty to govern in good faith.
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āBecause our decision is based on constitutional principle and born of a necessity to protest the will of the American people, this Committee will not hold hearings on any Supreme Court nominee until after our next President is sworn in on January 20, 2017.ā
But what happens if the president is a Democrat?
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I will believe it when I see people in the streets protesting this, after the nomination is made and the Senate refuses to hold hearings.
I will believe it when I see the media going after these guys with all the vehemance that they chase after Beyonceā.
I will believe it when the more rational members of their party take the megaphone and say this will not stand.
I will believe it when the Sunday morning talk shows quit giving the microphone and exposure to these ignorant a$$holes who decry perceived slights to the Constitution, only to flagrantly ignore the āshallā in 'shall nominate;.
I will believe it when the nomination is brought forward and these ignorant a$$holes say āno hearingsā and the Justice Department marches the perpetrators to a jail cell with lights, cameras and handcuffs as the Traitors they are to this Democracy.
And finally, Clunkertruck, I have absolutely no hope of any of this ever happening. It never should have gotten THIS far. But if it does go there, we will be in a completely useless position that will make America the third world nation it has been heading toward for the last seven years. The GOP will dance in the streets at the subversion of our Democracy because this is what they have wanted since January of 2009.: total chaos and all blamed on Obamaās recalcitrance.
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Despite all the attempts at finding citations, rules, laws, parliamentary precedents, Constitutional references, whatever else weāre grasping for, the fact remains THIS Senate is telling THIS President to piss off and thereās nothing to be done about it. At least nothing available to Obama in practical or political terms that is going to make a damned difference. Republicans hold all the cards in this nomination fight, divining methods to deny or circumvent that reality is fruitless. And forcing them to walk some technically legal line only to delay āPiss offā sinking in is a waste of time. You think itāll rally Dems to vote in larger numbers in November? Maybe. But Trump can fire up millions riffing torture fantasies. He (and Cruz and Rubio) could probably do the same with this tiff. A very public, protracted spat forcing GOP Senators to jump through Constitutional hoops just might rally an equal or greater number of Wingnuts to the GOP cause in November.
I trust that we will also have a rigorous public debate over the type of US Senate the people want, as well, and that we come down on the side that rids our government of partisan hacks that overrule the Constitution whenever they feel like it.