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Ted Cruz must recuse himself on Scalia replacement (Guess why?)
CNN ^ | February 15, 2016 | Professor Steven Lubet

Posted on 02/15/2016 2:29:59 PM PST by 2ndDivisionVet

Despite the objections of Senate Majority Leader Mitch McConnell, President Obama has announced his intention to submit a nominee to fill the Supreme Court vacancy created by the death of Justice Antonin Scalia.

And despite Donald Trump's call for "delay, delay, delay," the Senate Judiciary Committee will almost certainly have to hold a hearing on Obama's eventual nominee.

It would be one thing to vote against an individual, or even to stage a filibuster, but quite another to abdicate the Senate's constitutionally required "advice and consent" function by refusing to extend even the minimal courtesy of a committee hearing.

That brings us to Ted Cruz, who happens to be the only remaining Republican presidential candidate with a seat on the Senate Judiciary Committee. Under ordinary circumstances, Cruz would therefore be entitled to question the eventual nominee, and to vote on whether his or her name should be advanced to the Senate floor.

Cruz, however, has an unresolvable conflict of interest in this matter, which should disqualify him from participating directly in the proceedings.

As is well known, Cruz's claim to "natural born" United States citizenship has been questioned (bombastically) by Donald Trump, and (very seriously) by a number of highly respected legal scholars, including Harvard's Lawrence Tribe and the University of Chicago's Eric Posner....

(Excerpt) Read more at cnn.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: birthers; canadian; cruz; ineligible; scalia; tedcruz
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Editor's Note: Steven Lubet is a professor at Northwestern University Pritzker School of Law. His most recent book is "The 'Colored Hero' of Harper's Ferry: John Anthony Copeland and the War against Slavery." The opinions expressed in this commentary are his.

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Here in Texas we elect our judges. How is that any different from this?

1 posted on 02/15/2016 2:29:59 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

Funny, Constitutionality sure becomes important when folks want to use it to their advantage.

Any other time, and the Republicans and Democrats couldn’t care less about the document.


2 posted on 02/15/2016 2:32:07 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: 2ndDivisionVet

ridiculous. Recusal applies to the judiciary - not congress.


3 posted on 02/15/2016 2:32:36 PM PST by faithhopecharity ("Politicians are not born, they're excreted." Marcus Tullius Cicero (106 -- 43 BCE))
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To: 2ndDivisionVet

You needn’t be an NBC to be a Senator. This is baloney.


4 posted on 02/15/2016 2:32:44 PM PST by major-pelham
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To: 2ndDivisionVet

> “t would be one thing to vote against an individual, or even to stage a filibuster, but quite another to abdicate the Senate’s constitutionally required “advice and consent” function by refusing to extend even the minimal courtesy of a committee hearing.”

Oh really?


5 posted on 02/15/2016 2:33:37 PM PST by Hostage (ARTICLE V)
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To: 2ndDivisionVet

I once read a debate between Scalia and Tribe. Scalia was down to earth, clear and made sense. Tribe tried to impress, but made no sense whatsoever.


6 posted on 02/15/2016 2:33:42 PM PST by ChessExpert (The unemployment rate was 4.5% when Democrats took control of Congress in 2006.)
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To: 2ndDivisionVet

Ok, then every damned Obama supporting democrat senator has to stand down. Obama is a usurper.


7 posted on 02/15/2016 2:34:58 PM PST by Jim Robinson (Resistance to tyrants is obedience to to God!)
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To: 2ndDivisionVet

What a pantload. This guy is a perfesser?


8 posted on 02/15/2016 2:35:38 PM PST by Fido969 ("The hardest thing in the world to understand is income taxes" - Albert Einstein)
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To: 2ndDivisionVet

Great point!

Cruz SHOULD recuse.... following the fine example set forth by Kagen on the ACA.


9 posted on 02/15/2016 2:36:20 PM PST by C210N (Supporting the Constitutional Conservative in the race. Constitutional Conservative Cruz.)
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To: 2ndDivisionVet

It is not “constitutionally required” ....


10 posted on 02/15/2016 2:36:27 PM PST by wny
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To: 2ndDivisionVet

He doesn’t have to be a natural-born citizen in order to be eligible for election to the Senate. There is no doubt that he meets the Constitutional citizenship, age and residency requirements for the office he now holds.


11 posted on 02/15/2016 2:36:31 PM PST by RegulatorCountry
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To: 2ndDivisionVet

Liberals have no bottom floor.


12 posted on 02/15/2016 2:37:16 PM PST by hadaclueonce (This time it is serious.)
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To: 2ndDivisionVet

If McConnell is true to his word, there will never be hearings, so this leftie’s opinion is moot.


13 posted on 02/15/2016 2:37:40 PM PST by Praxeologue
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To: DoughtyOne

I just saw Jug Ears on the evening news talking about his constitutional duty to nominate a justice and the Senate’s duty to confirm that nominee.

Gag me....


14 posted on 02/15/2016 2:37:43 PM PST by caver (Obama: Home of the Whopper)
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To: 2ndDivisionVet

The Constitution means NOTHING to these jokers when it stands in the way of some agenda they want to advance, like baby-butchery or sodomy. It’s only in cases like this that they even mention the words on the paper, and then very cynically.


15 posted on 02/15/2016 2:38:58 PM PST by madprof98
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To: 2ndDivisionVet

This guy is embarrassing himself.


16 posted on 02/15/2016 2:40:03 PM PST by KC Burke
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To: 2ndDivisionVet

Elections have consequences.


17 posted on 02/15/2016 2:41:01 PM PST by occamrzr06
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To: faithhopecharity

There could be a danger to Cruz’ candidacy if McConnell reverses himself on scheduling hearings. Sen. Cruz may have to chose between his campaign on one hand and Senate judiciary hearings, or even a fillibuster, on the other.


18 posted on 02/15/2016 2:41:45 PM PST by Tallguy
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To: 2ndDivisionVet

Apparently you really can get a law degree from a box of Kracker Jack.


19 posted on 02/15/2016 2:42:34 PM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: caver

Yes, Those are my thoughts also.

We’ve already let the halfrican run wild.

Enough already!


20 posted on 02/15/2016 2:42:51 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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