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

[Bensman, Lina]

As a reminder, here was the context just before Obama attempted to exercise his Constitutional power:



Prior to [Orrin] Hatch's address to a packed luncheon in Washington DC hosted by the Federalist Society, we asked him if he felt the White House would select a nominee who is black or Hispanic to cause election-year difficulty for Republicans who oppose any Obama nomination on the grounds that the next President should fill the court vacancy.

"He could be headed in that direction," replied Hatch who has served as either chairman or ranking Republican on the Senate Judiciary Committee from 1993-2005, "This [nomination process] is all about the election."



"The President told me several times he's going to name a moderate [to fill the court vacancy], but I don't believe him," Hatch told us.



"[Obama] could easily name Merrick Garland, who is a fine man," he told us, referring to the more centrist chief judge of the U.S. Court of Appeals of the District of Columbia who was considered and passed over for the two previous high court vacancies.



But, Hatch quickly added, "He probably won't do that because this appointment is about the election. So I'm pretty sure he'll name someone the [liberal Democratic base] wants."



http://www.newsmax.com/Newsfront/john-gizzi-orrin-hatch-obama-will-nominate/2016/03/13/id/718871/

-

Lina Bensman

Cleary Gottlieb Steen & Hamilton LLP

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lbensman at cgsh.com | clearygottlieb.com





-----Original Message-----
From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Smith, Brad
Sent: Saturday, March 25, 2017 10:10 AM
To: Gabriel Gopen <gabe.gopen at gmail.com>; Terry Martin <tjm5da at virginia.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



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

https://urldefense.proofpoint.com/v2/url?u=http-3A__law.capital.edu_faculty_bios_bsmith.aspx&d=DwICAg&c=6ldJ3EG4a4nVimLYnfpfYA&r=irZoJQRAEpWgqIfKu3nhoeuqWPVCzGADCeta_jGFeYk&m=61_1nv8WaVpS9SVMPkbwXCQ7OGSc3_3eCaZOOckVLQw&s=hyBt_vbIwL5CHgtaY_lsLA68p7UbbPcvaO-5nXI7TqU&e=



________________________________________

From: law-election-bounces at department-lists.uci.edu<mailto: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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