[EL] Can President withdraw a Supreme Court nominee?

[John Tanner]

As I recall, it applies to nominations generally.  It cited Marbury,   I’m going from memory, which I acknowledge is building on sand


> On May 6, 2016, at 4:00 PM, Brian Landsberg <blandsberg at PACIFIC.EDU> wrote:
> 
> 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 Obviously Presidents have withdrawn nominees in the past, but I wonder if that was constitutional or simply both the White House and the Senate allowed to happen, since I believe it’s only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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