Tuesday, February 16, 2016

CHOOSING A NEW JUSTICE FOR THE U.S. SUPREME COURT


Robert Reich
I suppose I shouldn't be surprised at the circus Republicans have created in the wake of the death of Supreme Court Justice Antonin Scalia. Pay no attention. Here are the 4 realities:
1. Under the Constitution, when a Supreme Court vacancy arises, the President is authorized to nominate whomever he or she wishes to fill that vacancy. A majority of the Senate must then confirm in order for that nominee to become a Supreme Court Justice.
2. The Republicans now hold a majority of 54 in the Senate. Each of the 54 (as well as every other Senator) has a constitutional right to vote on the President's nomination. If just 4 Republicans vote in favor of it, and all 44 Democrats and the Senate's 2 Independents also vote in favor, and the president of the Senate (Vice President Joe Biden), casts the deciding vote in favor, then the nominee is confirmed.
3. The Constitution does not give the majority leader of the Senate the right to hold up a vote on the President's nomination. He cannot usurp the rights of senators to cast such a vote.
4. Everything you have heard other than these three points - all the blather and bluster coming from Mitch McConnell or any other Republican senator, from Republican presidential hopefuls, and from right-wing pundits - is irrelevant.


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