Sunday, January 1, 2017

Confirm Merrick Garland

The details are complicated, but there has been a meme batting about off and on that this Tuesday,  January 3, when the new Congress starts, there will be an odd moment when the Senate will have a majority of Democrats due to people leaving and arriving.  At that moment, apparenty, Vice President Biden as President of the Senate could make certain motions turning the chair over to the Dem Leader, who could then introduce the nomination of Merrick Garland for the Supreme Court, and they could just pass it. It may be that there is some flaw in this plan and that has been realized.  But if there is not and the only thing holding Biden and Schumer and other Senate Dems back  from doing this is  some sort of sense of propriety and not doing things unusual, I would say to  heck with that.  The Republicans have broken nearly every rule in the book, including their refusal the whole last year to consider Garland's nomination, which was already unprecedented and effectively breaking the rules.

So, given that this  may be the only and last chance to hold off Trump from giving control of SCOTUS to conservatives, and it would be morally justified in that Obama had his right to appoint his pick, I think they should do it if they can.  But I have heard nearly no talk in the last few days about this, which makes me suspect that either there is some flaw in the plan or that they are just plain too chicken to do it.  If the latter is the case, then no wonder the GOP is just taking over everything.  But, who knows, maybe they are plotting it and keeping that quiet and will  do it.  At least I can hope so  for the next two days or so.

Barkley Rosser

4 comments:

Jerry Brown said...

I hadn't heard of that possibility, but I doubt the Dems have the guts to do it even if they could. On the other hand Robert Reich says Obama should just appoint Garland to the court while the Senate is not in session and that would be effective for one year. I would like him to do that but also doubt that he will. http://robertreich.org/post/155078617750

Jack said...
This comment has been removed by the author.
rosserjb@jmu.edu said...

Well, so much for that fantasy.

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