[EL] J. Gorsuch Will Be Awful on #SCOTUS for Progressives. Democrats Should Not Filibuster Him

[Bensman, Lina]

This was a plausible story about what happened right up until McCain and others started floating the idea that if Clinton won, her nominees would also not receive a hearing.

—
Lina Bensman
Cleary Gottlieb Steen & Hamilton LLP
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From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Terry Martin
Sent: Friday, March 24, 2017 3:18 PM
To: Laslavic, Kenneth <Kenneth.Laslavic at ucsf.edu>
Cc: Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] J. Gorsuch Will Be Awful on #SCOTUS for Progressives. Democrats Should Not Filibuster Him

With all the charges that our legislative leaders were apparently motivated by distaste of the former 44th president, let's not obscure that ideological balance on the court is the critical issue, and came into play at a time when Americans were literally months away from selecting their new chief executive (potentially signaling a different ideological preference). As was pointed out above, the text of the Constitution directs the "advice and consent" to the Senate, and does not specify how this will be carried out, much less command that the Senate give full hearing to a particular nominee or even that it be completed during the term of a particular president, any more than it tells the president the ideological position of the nominee he must select. Had President Obama selected a nominee in the mold of the late Justice Scalia, perhaps their advice would have been "great choice" and proceeded to consent. It is possible also that they genuinely wanted to see how the election would turn out and decided to exercise their powers in such a way out of a desire to reflect the popular will in the judiciary. The question will now be resolved through the political process, as it should.


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