17 March 2016

Yes They Can

The president has the power to nominate justices to the supreme court.  With the caveat that the senate gets an up or down vote.

The senate is not required to do so in a timely fashion.

They could sit on a nominee until the heat death of the universe and not be in violation of their Article II section 2 mandate.

It's "with the advice and consent" of the senate.  Refusing to consider the candidate is giving advice (in a blunt way) and denying consent.  They've the power to do so.

They've done so before during election years!  Most of the time citing that it was an election year and things were too heated rhetorically to seat a new judge.

The only reason it's such a panic button issue NOW is that one party is terrified they won't get eight months of rulings all their way while the election plays out.

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