Thursday, February 18, 2016

Sen. Schumer’s dissembling on judicial nominations

Given the track record of this President and the experience of obfuscation at the hearings, with respect to the Supreme Court, at least: I will recommend to my colleagues that we should not confirm a Supreme Court nominee EXCEPT in extraordinary circumstances.
donkeyhotey

Volokh Conspiracy in WaPo  "Sen. Charles E. Schumer (D-N.Y.) is upset that some Senate Republicans have announced their intention to prevent President Obama from filling a Supreme Court vacancy before the next election. I agree with Schumer that this sort of thing is bad for the judiciary, and I have long argued that all judicial nominees should receive prompt consideration and an up-or-down vote. But that’s not Schumer’s view, and it never has been. He should not pretend otherwise.
"In 2007, 16 months before the election, Schumer delivered a speech at the American Constitution Society in which he declared that Senate Democrats should adopt a presumption against allowing President George W. Bush to fill another seat on the Supreme Court. (Here’s the video.)" . . .
From the text of his speech on the ACS website:
for the rest of this President’s term and if there is another Republican elected with the same selection criteria let me say this:
We should reverse the presumption of confirmation. The Supreme Court is dangerously out of balance. We cannot afford to see Justice Stevens replaced by another Roberts; or Justice Ginsburg by another Alito.

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