Going to Extremes:The Senate GOP’s Unprecedented Record of Obstruction of President Obama’s Nominees

[Bill USA]

Going to Extremes: The Supreme Court and Senate Republicans’ Unprecedented Record of Obstruction of President Obama’s Nominees - Sen. Elizabeth Warren

Executive Summary

Considering the nomination of a Justice to fill a
vacancy on the nation’s highest court is one of the
most solemn and consequential tasks performed by
the U.S. Senate. The obligation to provide “Advice
and Consent” is spelled out in the Constitution itself,
as is the President’s obligation to select a nominee.
The Constitution does not provide for exceptions to
that duty.

On March 16, 2016, President Obama met his
constitutional duty when he nominated Judge Merrick
Garland to fill the vacant seat on the Supreme Court.
Even before the President announced his candidate
to serve on the Court, however, Senate Republicans
declared that they would not carry out their
constitutional obligation under any circumstances,
no matter who was nominated to fill the vacant seat.
They would hold no hearings; they would allow no
confirmation vote; many would not even agree to meet
with Judge Garland or any other candidate nominated
by President Obama. Put simply, they said they would
not do their job.

It was an unprecedented position, but it was only the
latest example of Senate Republicans’ overall approach
to Obama administration nominees. For seven years,
Senate Republicans have delayed or blocked votes on
key nominations, including district and circuit court
judges, key regulators, and foreign policy and national
security officials.

This report examines the context of Senate Republican
opposition to the nomination of Judge Garland to the
Supreme Court, documenting its place in the long and
troubling history of the Republicans’ many other efforts
to block President Obama’s judicial and executive
branch nominations.

Senate Republicans’ record of obstruction under
President Obama is unique in both its scope and
intensity. They have waged an unrelenting campaign
to keep key positions throughout government
empty as long as possible. Instead of working to
make government function more efficiently, Senate
Republicans have made it their priority to undermine
President Obama and to hamstring efforts to protect
consumers and workers, to hold large corporations
accountable, and to promote equality.

This refusal to carry out the basic tasks of
government—including the timely confirmation
of public servants—has created a breeding ground
for new and dangerous Republican extremism. By
advancing the idea that Senators sworn to uphold
the Constitution can simply decide not to do their
job for political reasons, they encourage ever more
outrageous behavior from other Republican leaders.
Now Republicans compete to demonstrate their own
willingness to disrupt the effective functioning of
our government. This extremism is on display daily
in the 2016 presidential campaign, but its origins
are firmly rooted in the sustained efforts of Senate
Republicans to reject President Obama’s legitimacy
and to abuse Senate rules in an all-out effort to cripple
the government under his leadership.

Senate Republicans are in a unique position to stand
up to those in their own party who are determined to
undermine the basic functioning of our government.
They can stop the rising tide of Republican extremism
that threatens to swamp both their party and this
nation. And they can respect their oath of office to
support and defend the Constitution, and put that oath
ahead of petty partisan politics. Senate Republicans
should have stood up to this extremism years ago—
but it is not too late to do so now. It just takes some
political courage.