ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal Commentary Blogs -> TalkLeft

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal Commentary

: TalkLeft

What's Wrong With Advice And Consent?

By Big Tent Democrat

ADVERTISEMENTS

I guess I understand why some Dem bloggers are upset now that the Supreme Court confirmation process has become, horrors, "partisan." But I just am not one of them. Kevin Drum writes:

Elena Kagan was only barely confirmed to the Supreme Court yesterday, continuing a recent trend of court picks becoming ever more partisan. Jon Chait comments: [. . .] Th[is] trend has many legal observers lamenting a Supreme Court confirmation process on a steady trajectory toward complete polarization and a seemingly inevitable filibuster."

So what happens if this becomes institutionalized? It means that no president with a Senate controlled by the opposite party will ever be able to place someone on the Supreme Court. [. . .P]erhaps some change is in order?

Why exactly is this a bad thing? Imagine a system where Scalia and Thomas were not on the Court? Imagine a system where the electorate realized that the Senate had to agree with the President on who should sit on the Supreme Court? Oh wait, that is how the Founders designed it:

[The President] . . . by and with the Advice and Consent of the Senate, shall appoint [. . .] Judges of the supreme Court[.]

What exactly is wrong with that system? Sure, I wish Obama would get a rubberstamp for his judicial nominees. But I sure would not want Republican Presidents to get them. That was sort of the point during the Bush Administration.

Speaking for me only


Full post as published by TalkLeft on August 07, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0022 secs (from cache 11/06/26 06:30:50)