President Obama Should Appoint Merrick Garland To SCOTUS Now

On March 16, 2016, President Barack Obama nominated Merrick Garland to serve as an Associate Justice of the United States Supreme Court to fill the vacancy created by the death of Justice Antonin Scalia. The same day, Senate Majority Leader Mitch McConnell took to the Senate floor to announce that lawmakers from his Republican Party that would not vote on or consider the nomination of Judge Garland. On April 5, 2016, McConnell stated publicly that there would be no “hearings or votes” on the nomination of Judge Garland. On April 12, 2016, Senator Charles Grassley stated publicly that there would be no hearings in the Judiciary Committee on the nomination of Judge Garland. The Republican Senate has made clear that they will take no action on the nomination of Judge Garland.

The Appointments Clause of the Constitution, Article II, Section 2, Clause 2, provides that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . . Judges of the supreme Court….” Clearly, the President has two powers: the power to “nominate” and the separate power to “appoint.”

The Senate has the power of advise and consent of the President’s nomination. The Senate has waived its right to “advise and consent” by refusing to consider Judge Garland’s nomination for more than 240 days.

No previous Supreme Court nominee has waited more than 125 days to be appointed, and the average time between nomination and appointment throughout our 240 year history is 25 days.

President Obama should appoint Judge Garland now.



'President Obama Should Appoint Merrick Garland To SCOTUS Now' have 7 comments

  1. November 16, 2016 @ 6:48 am Joseph Lane

    He should sign into law now and override Congress and Senate to protect social security and Medicare now also


  2. November 18, 2016 @ 6:19 am Bill

    Ever hear two wrongs don’t make a right? Republicans are violating the constitution, and the democrat solution is to violate the constitution. Take the republicans to court.


    • November 19, 2016 @ 11:35 am Chris

      Shut up, Bill. Your down-home advice here is idiotic. By appointing Garland, taking them to court IS what Obama would be doing.


  3. November 23, 2016 @ 12:29 am Rodney

    Never before has either party shown so much bipartisan politics,it’s the presidents job to nominate,the congress job to approve,but the Republicans won’t even vote. Sad, this is why we now have a trump presidency, feed up with the unnecessary gridlock. .


  4. November 24, 2016 @ 5:49 pm Norbert Gernes

    Obama should appoint and cite the fact that the Senate has waived it right,by the fact that it h as refused to act. Then let it go to court and see how it is decided. Also the Senators should be sued in court for dereliction of duty because of their refusal to carry out their Constitutional obligation, which they swore to uphold.


  5. December 2, 2016 @ 2:56 am Sharyn Newell



Would you like to share your thoughts?

Your email address will not be published.

eleven + 10 = Copyright 2014 All Rights Reserved.