Congress Can Deny Barack Obama the Power to Replace Justice Scalia

Cato Institute ^ | Feb. 14, 2016 | Michael F. Cannon

[Repeal 16-17]

We need term limits for Senators yesterday.

We need an Article V Convention, because the federal government is way too powerful. Even if Congress is term limited, the temptation to abuse federal power will be too great for most Senators and Representatives to resist.

[luvbach1]

[Hillary:] "The Republicans in the Senate and on the campaign trail who are calling for Justice Scalia's seat to remain vacant dishonor the Constitution. The Senate has a constitutional responsibly here that it cannot abdicate for partisan political reasons."

But it can and must block the 0bamanation's nominee until the next president; for not to do so threatens the very character and future of the nation. And, of course, the next president, if Clinton or Sanders, will be able to nominate their favorite leftist activist jurist to the SCOTUS.

[murron]

But as someone pointed out earlier, if the Dems win the Senate this year, they will be sworn in on Jan. 3. Even if a Republican is elected, that person won’t be sworn in for another 17 days, which means that Obama would still be president and could slip a nominee thru to the newly elected Democrat controlled Senate in that time frame.

[urbanpovertylawcenter]

Yes, but what will Rubio and his gang of apes do?

[arthurus]

Congress can deny...

Congress is made up of Democrats and Republicans. Both parties want a left wing court. Will Congress deny?

[Texas Fossil]

Understand fully and agree.

[Texas Fossil]

Yes, I know, McCain really sucks.

And yes, he is traitor. ? did I actually say that out loud.

[Texas Fossil]

It is fact, Congress “can” (if they choose) change the number of justices. That would end the appointment.

[Texas Fossil]

Indeed they can.

[DoodleDawg]

Congress Can Deny Barack Obama the Power to Replace Justice Scalia

They can also deny a President Cruz or President Trump the power to replace Justice Scalia, by filibustering.

[Jimmy Valentine]

Two words: Orren Hatch. We have Kagan and Sotomayor, two completely unqualified people thanks to this smarmy cretin.

[Texas Fossil]

thanks for the link, very interesting history.

[Texas Fossil]

Senate need not filibuster, they can simply tie it up in committed until Obozo is gone. Obama can nominate, but cannot make a recess appointment.

[Texas Fossil]

Yes. And he is one of a number of very loathsome individuals serving in congress. And yes, both justices are unqualified, but were nominated for an agenda, not for qualifications.

[DoodleDawg]

Senate need not filibuster, they can simply tie it up in committed until Obozo is gone. Obama can nominate, but cannot make a recess appointment.

The Republicans can do that because they control the Senate. But the filibuster is still in place and the Democrats can keep any Republican nominee from being voted on. It could be that future Supreme Court vacancies are filled only by recess appointments, which would end the lifetime tenure that they now have.

[Baynative]

On the Conservative Review Scorecard there are 12 senators who rate a "C" or above. After that look at all the potential switch votes Harry Reid and Barack Obama have to work with.

[GOPJ]

Dems can read this a weep... they wrote this when the shoe was on the other foot....

S.RES. 334. EXPRESSING THE SENSE OF THE SENATE THAT THE PRES. SHOULD NOT MAKE RECESS APPOINTMENTS TO THE SUPREME COURT, EXCEPT TO PREVENT OR END A BREAKDOWN IN THE ADMINISTRATION OF THE COURT’S BUSINESS. KEATING MOTION TO RECOMMIT TO JUDICARY COMM.

https://www.govtrack.us/congress/votes/86-1960/s415

http://www.washingtonexaminer.com/schumer-in-2007-dont-confirm-any-bush-supreme-court-nominee/article/2583283

[Boomer]

Hillary? (Derr Hilderbeast aka the “Witch of Benghazi”)

I think the "Traitor of Benghazi" is more accurate but both will work. ;)

[Freedom56v2]

A Reasoned Winning Argument for Congress to use the authority they already have concerning approval of nominations to the court.

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That would require backbone....

[HandyDandy]

Unfortunately, this is already a win/win for 0bama. If the SC stays at 4 and 4 (with no new nominee this year) all the cases will fall back to the lower "blue" courts. At least according to this article:

http://www.chicagotribune.com/news/opinion/commentary/ct-scalia-obama-supreme-court-appointment-republicans-20160215-story.html