[EL] Can President withdraw a Supreme Court nominee?

John Tanner john.k.tanner at gmail.com
Fri May 6 05:13:46 PDT 2016


Yes. The president has full control over all nominations just as he has control over appointments.  There's an OLC opinion that the president can refuse to issue a certificate (or whatever the term is) even after confirmation. 

Sent from my iPhone

> On May 5, 2016, at 11:55 PM, Douglas Johnson <djohnson at ndcresearch.com> wrote:
> 
> A process question for those who know more than me about this process (which is just about anyone subscribing to this list):
>  
> Can the President stop the Senate from approving a nominee by withdrawing that nominee? Or if he tries to do so, could the Senate approve his appointment anyways?
>  
> Obviously Presidents have withdrawn nominees in the past, but I wonder if that was constitutional or simply both the White House and the Senate allowed to happen, since I believe it’s only happened when the Senate was refusing to act.
>  
> Douglas Johnson
> Fellow, Rose Institute of State and Local Government
> Claremont McKenna College
> Douglas.johnson at cmc.edu
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