Tuesday, March 29, 2016

"When judges act like whores, they can hardly expect to be treated like nuns."

 Flowers are seen as a woman stands in front of the Supreme Court building in Washington D.C. after the death of U.S. Supreme Court Justice Antonin Scalia, February 14, 2016. REUTERS/Carlos Barria

If there is one thing that is bipartisan in Washington, it is brazen hypocrisy.   

Currently there is much indignation being expressed by Democrats because the Republican-controlled Senate refuses to hold confirmation hearings on President Obama's nominee to the Supreme Court, to fill the vacancy caused by the death of Justice Antonin Scalia.   

The Democrats complain, and the media echo their complaint, that it is the Senate's duty to provide "advice and consent" on the President's appointment of various federal officials. Therefore, according to this claim, the Senate is neglecting its Constitutional duty by refusing even to hold hearings to determine whether the nominee is qualified, and then vote accordingly.   

First of all, the "advice and consent" provision of the Constitution is a restriction on the President's power, not an imposition of a duty on the Senate. It says nothing about the Senate's having a duty to hold hearings, or vote, on any Presidential nominee, whether for the Supreme Court or for any other federal institution. The power to consent is the power to refuse to consent, and for many years no hearings were held, whether the Senate consented or did not consent.  

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