Tag: confirmation process

Why I’m demanding a no vote on SCOTUS appointee Merrick Garland

Earlier today, President Barack Obama nominated Merrick Garland, who currently holds the most powerful federal judgeship below the Supreme Court, the office of Chief Judge of the U.S. Circuit Court of Appeals for the District of Columbia Circuit (D.C. Cir.), to the Associate Justice seat on the U.S. Supreme Court that became vacant upon the death of the late Justice Antonin Scalia.

While Garland would be a significant improvement over Scalia and a left-leaning swing vote on SCOTUS if confirmed, I strongly encourage Democratic U.S. Senators to demand that the Senate do its constitutional duty of conducting a confirmation process on the Garland appointment, but vote against Garland if given the opportunity to do so.

There is one primary reason why I oppose the nomination of Garland to our nation’s highest bench, and that is Garland’s deferral to the executive branch of the federal government, even if it blatantly goes against the constitutional rights of people. Here’s what I’m talking about:

Garland deferred similarly to federal agencies during the presidency of George W. Bush, irking many liberals with a 2003 ruling that denied Guantanamo detainees judicial review (later overturned by the Supreme Court) and with a string of pro-police rulings under Presidents Bill Clinton, Bush and Obama.

The job of a U.S. Supreme Court justice is not to build political consensus or issue rulings based on the current political climate at the time the ruling is issued. The job of a U.S. Supreme Court justice is to interpret the U.S. Constitution and federal laws, with the Constitution being the supreme law of the land. Garland’s complete disregard for the constitutional rights of the accused shows that Garland’s own interpretation of the Constitution is flawed, and that he should not be a SCOTUS justice.

While I strongly oppose Senate Republicans who won’t even schedule a confirmation hearing for Garland, I call for Senate Democrats to demand an opportunity to vote against Garland, in committee and, if he were to make it out of committee, the full Senate.

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Joni Ernst sends virtually blank response to constituent’s request not to block SCOTUS appointment

Sometime in the immediate future, President Barack Obama will appoint someone to fill the vacancy on the U.S. Supreme Court (SCOTUS) created by the death of Antonin Scalia.

One of the many Republican U.S. Senators who support obstructing anyone that the president appoints to the Supreme Court is Sen. Joni Ernst (R-IA). Many of Ernst’s constituents in Iowa are not happy at all that Ernst wants the U.S. Senate to neglect its duty to either confirm or reject whoever the president appoints to SCOTUS, and one of them is Maggie White, who is a civil rights attorney from Iowa’s largest city, Des Moines. When White emailed Ernst’s office about Ernst and her fellow Senate Republicans wanting to do absolutely nothing in regards to the president’s SCOTUS pick, White did a very important civic duty by contacting Ernst’s office about the matter. Here’s how Ernst responded to White:

Joni Ernst sent one of her constituents a virtually blank response to a message that one of her constituents sent to her! By “virtually blank response”, I mean that Ernst’s response to Maggie White’s message contained a letterhead, a salutation, and a closing, not a body. The body of the email, which there is none in this particular email, is where Ernst’s response to White’s message would have been.

The U.S. Constitution is clear. The president must appoint a new SCOTUS justice, the Senate must either confirm or reject that appointment. For the Senate to not even conduct a confirmation process amounts to the Senate neglecting its Constitutional duty of advice and consent. It doesn’t take a lawyer to figure that out.