Legal Commentary

The Senate And The Supreme Court

By Big Tent Democrat

The strange idea, that has held for quite a long time, that the Senate must defer to the President on judicial nominee is thankfully dying a slow death. Republican hold ups of President Obama's judicial nominees (including attempts to delay the confirmation hearing for Judge Sonia Sotomayor) are being explained as a "they did it first" maneuver. Simon Lazarus argues that this justification is disingenuous. That may be. But that discussion avoids the central point - the Senate should never be a rubber stamp for the President's judicial nominees.

I wrote a detailed post on why I think so. But whatever I think, it seems clear that going forward, whoever is President, his (or her) political opponents in the Senate will ensure that the Senate carries out its constitutional role of Advice and Consent. Including regarding a nominee's ideology. In my view, that is a good thing. I thought so for as long as I have considered the issue. I expressly said so in 2005. And I say it again now.

Speaking for me only

Full post as published by TalkLeft on June 26, 2009 (boomark / email).