The Republican senators’ refusal to conduct a hearing on the nomination of Merrick Garland to the Supreme Court is a blatant attempt to politicize our judicial system. Our judicial system was created to be independent from political influences and popular desires. While our judicial system is not perfect, it is the best in the world! The Appointments Clause of Article II of the Constitution provides that: “[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the Supreme Court. ...”
Justice Scalia would be appalled by the threat of the Senate Republicans to shirk their duty, and refuse to conduct a hearing on the nomination of Merrick Garland to fill the vacancy on the Supreme Court caused by his death. Scalia made the following analysis of the Appointments Clause in the case of Edmond vs. U.S.: “... The Appointments Clause of Article II is more than a matter of ‘etiquette or protocol’; it is among the significant structural safeguards of the constitutional scheme. By vesting the president with the exclusive power to select the principal officers of the United States (including Supreme Court justices), the Appointments Clause prevents congressional encroachment upon the executive and judicial branches.”
The Senate Republicans’ contention that a president does not have the power to make a nomination to the Supreme Court during the last year in office is a gross misinterpretation of the Appointments Clause, and a disingenuous attempt to justify their politicalization of our judicial system.
Nick Palmer
Durango
