From WSJopinion: The 'Biden rule' applied when Justice Scalia died in 2016 but not today, write davidrivkin and andrewmgrossman
The week after President Jimmy Carter lost his 1980 re-election bid, he announced the judicial nomination of a close ally of Senate Judiciary Committee Chairman Ted Kennedy. The nomination sailed through the Senate, which confirmed the First U.S. Circuit Court of Appeals judge 80-10 less than a month later, six weeks before Inauguration Day. That nominee, Stephen Breyer, now sits on the Supreme Court.
Justice Breyer’s second nomination, in 1994, got more attention, but his first in 1980 neatly illustrates a constitutional principle: The president’s authority to make judicial nominations, and the Senate’s power to weigh them, is unaffected by the electoral calendar. Minutes after the news broke Friday that Justice Ruth Bader Ginsburg had died, Senate Minority Leader Chuck Schumer declared his opposition to considering any nominee “until we have a new president.” The argument is an appeal to precedent; Mr. Schumer’s tweet was lifted from a statement by Majority Leader Mitch McConnell after Justice Antonin Scalia’s death in February 2016.
Then, the Senate withheld its consent from President Obama’s nominee, Judge Merrick Garland. Mr. McConnell’s rationale was that the voters should have a say in selecting the next justice. Put aside that Mr. Schumer and his caucus were on the other side of the issue four years ago. The important question is: What’s the right precedent?
It isn’t 2016. In the realm of Supreme Court nominations, practice has long followed principle. Twenty-five times presidents have made nominations to fill Supreme Court vacancies that arose in presidential election years, and 21 times the Senate confirmed the nominee. The general rule is that when there is a vacancy on the nation’s highest court, the political branches will fill it.
Deutschland Neuesten Nachrichten, Deutschland Schlagzeilen
Similar News:Sie können auch ähnliche Nachrichten wie diese lesen, die wir aus anderen Nachrichtenquellen gesammelt haben.
How and why Hollywood is helping Wisconsin Democrats raise millions for Biden over ZoomThe state party chair attributed some of its new grassroots success to a former (fictional) White House chief of staff with roots in the Badger State.
Weiterlesen »
Why Lili Reinhart's Opinion About Brad Pitt and Jennifer Aniston's Reunion is 'Unpopular'The 'Riverdale' star weighed in after social media exploded over the famous exes getting together for a table read of 'Fast Times at Ridgemont High.'
Weiterlesen »
Opinion | You're not the only one who can't keep track of the days right now. Here's why.Our perceptions of time have never been static, but you're not alone in feeling like you can't keep track of the days right now.
Weiterlesen »
Here’s Why Jane Fonda “Vowed” to Never Buy Another Piece of ClothingJane Fonda revealed that she hasn’t bought a single new item of clothing since last fall. Here’s why the climate activist gave up clothing shopping.
Weiterlesen »
Melissa Etheridge Shares Why She Decided to Open Up About Son's DeathThe singer also touched on Beckett's biological father, David Crosby, and if she worried his past addictions would affect her children.
Weiterlesen »
Cardi B Shared the Real Reason Why She’s Divorcing Offset'You get tired sometimes and before something happens, you leave.'
Weiterlesen »