[EL] Can President withdraw a Supreme Court nominee?

[Brian Landsberg]

Does the OLC opinion extend to judicial nominations?  I would think that Marbury requires issuance of the commission.

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of John Tanner
Sent: Friday, May 06, 2016 5:14 AM
To: Douglas Johnson
Cc: <law-election at uci.edu>
Subject: Re: [EL] Can President withdraw a Supreme Court nominee?

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<mailto: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Obviously Presidents have withdrawn nominees in the past, but I wonder if that was constitutional or simply both the White House and the Senate allowed to happen, since I believe it’s only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<mailto:Douglas.johnson at cmc.edu>
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