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Copyright 2014 by Attorney Carlos Gamino
The Constitution gives the responsibility to nominate a new justice directly to the president, but it leaves confirmations up to the Senate.
In fact, the Senate has the duty to confirm a nominee. If they fail to do so, the Supreme Court is “hung,” which means there are four justices who lean conservative and four justices who lean to the liberal side. The idea behind having a nine-member court is to ensure that decisions are actually made; they need an odd number to function properly and democratically. “The idea of not even allowing a hearing strikes a chord that is pretty deep,” said Senator Chuck Schumer (D-New York). “It will mount; it will get much stronger when the president has a nominee.”
What Do You Think?
Do you think the Senate will hold off on approving an Obama nominee until a new president takes office in 2017, or do you think they’ll be able to find common ground?
I’m really interested in whether you think they should hold off or if you feel that they’d be shirking their constitutional responsibilities.
Feel free to share your thoughts and join the discussion on my Facebook page or on Twitter – I’ll look forward to hearing your opinions!
Since Supreme Court Justice Antonin Scalia died in mid-February, Senate Republicans have vowed to block consideration of any nominee – but can they do that?
News from Attorney Carlos Gamino
Scalia's replacement - what can congress do?
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