Hundreds of Law Profs Call on Senate Leaders to Consider SCOTUS Nominee

, The National Law Journal

   | 8 Comments

A group of more than 350 legal scholars on Monday called upon senators to fulfill their constitutional obligation to consider a U.S. Supreme Court nominee submitted by President Barack Obama.

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What's being said

  • Darren McKinney

    President Obama could seek the advice of Chuck Grassley and Mitch McConnell this afternoon. They could advise him to nominate Miguel Estrada, Frank Easterbrook or Neal Katyal. And were the president to do so, a Senate majority would gladly give its consent, confirming any of the three before Passover on April 22. Advise and consent. End of controversy.

  • Native Texan

    GOP has an eight year history of obstructionism. They have never accepted Obama as the nation‘s president. You can talk all you want about "what would the Dems do in this situation" but the current context is eight years of GOP obstruction. This behavior explains why they will not regain the Presidency for the foreseeable future. They are becoming less competitive daily. They need to look at the long game and stop pandering to the nitwits that brought Trump to them as their nominee.

  • Les

    One final thought. Aphorism, actually: "it depends on whose ox is being gored". At least that‘s the way my dad quoted it to me. I certainly don‘t wish to cause any hard feelings here, just to point out that if the situation were reversed, the liberals would be making the same exact arguments that conservatives are making now, and the conservatives would be arguing just as fiercely the reverse.

  • Les

    Yes, W., I agree that Senators should abide by their oaths. Samuel Alito‘s confirmation hearing was held from Monday, January 9, 2006, to Friday, January 13. On Tuesday, January 24, his nomination was voted out of the Senate Judiciary Committee on a 10-8 party line vote. Debate on the nomination began in the full Senate on Wednesday, January 25. There was a last minute effort by Democratic Senator John Kerry to filibuster, which was joined by, among others, Sens. Barack Obama, Joseph Biden, Hillary Clinton, Charles Schumer, and Harry Reid. I think these folks are mostly still involved in politics. Some even in the Senate. Were they violating their oath when they fought against Bush‘s ability to appoint a Justice? Hmmm

  • W. Sherman

    Are we avoiding the issue by playing the finger pointing game? Remember what "so and so" said back in 2006 and "what if" this were the situation, "what then?" Each senator swore an oath to protect and defend the constitution. "What if" they mis-heard their oath and swore to "offend" rather than "defend". Now that would be consistent with their actions. Hmmmmm

  • Les

    I wonder... If this were the final months of a George W. Bush presidency, and Justice R. B. Ginsberg were retiring, and the Democrats held a majority in the Senate, and GWB wanted to appoint a conservative to replace her, shifting the balance of power for years to come to the conservatives, would the same law profs be as adamant in their advocacy that the senate should act? Hmmmm....

  • D. Bruce

    Sen McConnel is just invoking the Thurman rule...

  • D. Bruce

    did these same group of "legal scholars" make the same plea to Harry Reid, Chuck Schumer, Patrick Layhe, John Kerry when they made public statements to not hear any Bush nominee in the last 18 months of the Bush administration...?

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