posted by [personal profile] robhansen at 06:11pm on 02/02/2017
 Regarding Garland and Gorsuch --
 
The claim that the Senate blocking Garland's ascent to the bench is somehow un-American is, simply, crazy.  The Framers in their wisdom made appointment of justices a game where both sides had to cooperate.  The Senate can't nominate candidates and the President can't approve them.
 
The idea the Framers somehow intended for every nominee to get a floor vote is nuts.  The Framers were veterans of parliamentary process and knew it wasn't just possible but likely for nominees to never reach the floor.  They could've put a clause in guaranteeing the right to a floor vote.  They didn't.
 
This doesn't mean blocking Garland was wise or prudent.  (I think it was foolish and prideful, myself.)  But it does mean that neither side can honestly invoke highminded American ideals when it comes to SCOTUS nominees and floor votes.
 
The Senate blocked Garland, as was their right, and the voters made their pleasure and displeasure known in the elections.  Will the Senate block Gorsuch?  I don't know.  I hope not, but if they do, you won't hear me blathering like an idiot about how this undermines American government.

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