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

[Smith, Brad]

I think the Senate's advice was: don't bother nominating anybody, we won't consent in an election year; and its consent was, in accordance with that advice, withheld. 

I'm don't know how you conclude from that that it did not advise, or that the senate was "refused to allow to consent."

Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
   Professor of Law
Capital University Law School
303 E. Broad St.
Columbus, OH 43215
614.236.6317
http://law.capital.edu/faculty/bios/bsmith.aspx

________________________________________
From: law-election-bounces at department-lists.uci.edu [law-election-bounces at department-lists.uci.edu] on behalf of Gabriel Gopen [gabe.gopen at gmail.com]
Sent: Saturday, March 25, 2017 8:32 AM
To: Terry Martin
Cc: Election Law Listserv
Subject: Re: [EL] J. Gorsuch Will Be Awful on #SCOTUS for Progressives. Democrats Should Not Filibuster Him

Mitch McConnell declared that he wouldn't consider the president's nominee before Garland was nominated.  He refused to allow the Senate advise or consent.

To me, this is the alpha and the omega of the thing.  No one knew who would be nominated.  But everyone knew he or she wouldn't be considered.

McConnell announced his decision so soon after Scalia's death that it reminded me of Hamlet complaining how soon his mother married his uncle after his father's death.

Thrift, thrift, Horatio! The funeral baked meats
Did coldly furnish forth the marriage tables.

Act 1 scene 2


Gabe Gopen



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