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In reply to the discussion: Can POTUS Sue Congress when they clearly neglect their duties? [View all]Yo_Mama
(8,303 posts)18. Back when a Democratic Senate was refusing to vote on Bush appointees,
Biden was not so concerned:
https://en.wikipedia.org/wiki/George_W._Bush_judicial_appointment_controversies
People have short memories:
Yale law professor Bruce Ackerman wrote an article in the February 2001 edition of the magazine The American Prospect that encouraged the use of the filibuster to stop Bush from placing any nominee on the Supreme Court during his first term.[3] In addition, law professors Cass Sunstein (University of Chicago) and Laurence Tribe (Harvard), along with Marcia Greenberger of the National Women's Law Center, counseled Senate Democrats in April 2001 "to scrutinize judicial nominees more closely than ever." Specifically, they said, "there was no obligation to confirm someone just because they are scholarly or erudite." [4]
On May 9, 2001, President Bush announced his first eleven court of appeals nominees in a special White House ceremony.[5] This initial group of nominees included Roger Gregory, a Clinton recess-appointed judge to the Fourth Circuit, as a peace offering to Senate Democrats. There was, however, immediate concern expressed by Senate Democrats and liberal groups like the Alliance for Justice.[6][7] Democratic Senator Charles E. Schumer of New York said that the White House was "trying to create the most ideological bench in the history of the nation."[8]
As a result, from June 2001 to January 2003, when the Senate in the 107th Congress was controlled by the Democrats, many conservative appellate nominees were stalled in the Senate Judiciary Committee and never given hearings or committee votes.[9]
On May 9, 2001, President Bush announced his first eleven court of appeals nominees in a special White House ceremony.[5] This initial group of nominees included Roger Gregory, a Clinton recess-appointed judge to the Fourth Circuit, as a peace offering to Senate Democrats. There was, however, immediate concern expressed by Senate Democrats and liberal groups like the Alliance for Justice.[6][7] Democratic Senator Charles E. Schumer of New York said that the White House was "trying to create the most ideological bench in the history of the nation."[8]
As a result, from June 2001 to January 2003, when the Senate in the 107th Congress was controlled by the Democrats, many conservative appellate nominees were stalled in the Senate Judiciary Committee and never given hearings or committee votes.[9]
I don't think that tactic worked well for the Dems, and I don't think the Republican-controlled Senate now should refuse to vote on Garland. But nothing could possibly stop them from going through the process slowly and then rejecting him, thus achieving the same result.
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If only it were so -- due time for the GOP was more than 20 years ago
cloudythescribbler
Mar 2016
#77
They are neither advising nor consenting. They are fraudulently collecting paychecks
lagomorph777
Mar 2016
#28
Well, all those lawyers filing lawsuits on this must have another view of it
jberryhill
Mar 2016
#35
NEWSFLASH: There would not be one but for senate action that is REQUIRED under the constitution
tabasco
Mar 2016
#37
Did someone misplace the SCOTUS? Should we have their pictures printed on milk cartons?
X_Digger
Mar 2016
#51
So do you think that the Senate is obligated to approve anyone the President nominate?
onenote
Mar 2016
#81
No. They are not harming Obama's Executive powers. They are just now giving that up or down vote
Agnosticsherbet
Mar 2016
#4
What specifically in the Constitutiion supports your claim that advice and consent
Trust Buster
Mar 2016
#57
The Democrats can do the same using that logic. Then the Court will begin to unravel.
Trust Buster
Apr 2016
#87
Are you shitting me? You don't even know the language? Back to Civics 101 with you.
X_Digger
Mar 2016
#61
I disagree. They never even started the advise and consent process. They suspended the
Trust Buster
Mar 2016
#64
So the Democrats decide that they will do the same to future Republican presidents.
Trust Buster
Mar 2016
#66
You avoided my question. If the Democrats do the same, the Supreme Court is finished.
Trust Buster
Mar 2016
#68
You mean like they did in 2002? Gee, we still actually have a SCOTUS, don't we?
X_Digger
Mar 2016
#69
Not silly at all. If Republicans refuse to hold hearings for a Democrat's nominee, then
Trust Buster
Mar 2016
#70
You're the absurd one. You defend the Republicans right to not hold hearings but call the Democrats
Trust Buster
Mar 2016
#72
No. The only option is for the voters to oust the senators. Not a lot will
madinmaryland
Mar 2016
#45
I'm sure if it is possible, President Obama would have thought of it. nt
GreenEyedLefty
Mar 2016
#59
No. Constitutional expectations are not the same as constitutional requirements
onenote
Mar 2016
#73