As the President of the United States, it’s Barack Obama’s right to nominate a replacement for the Supreme Court.
Obama’s administration has nominated Merrick Brian Garland, the chief judge of the United States Court of Appeals for the District of Columbia Circuit, as Scalia’s successor. So how is it that the Republicans are choosing to ignore his nomination?
The Senate is influenced tremendously by the GOP, and so refuses to vote on any of Obama’s nominations in hopes that a Republican wins the 2016 election and chooses a nominee more favorable to them.
They are calling upon the “Joe Biden” rule. The “rule” is based on a 24-year-old statement by Biden: “A president’s right to nominate judges can expire, or becomes attenuated, in a ‘political season,’ sometime after the midterm elections during a second presidential term.”
On the GOP main website, Republicans have actually started a petition titled, “Join the Supreme Court Task Force–Protect Senate Republicans from the Left’s Attacks.” More than 55,000 people signed the petition, which proclaims that Republicans are “stepping up for the American people.”
What’s ironic is that Utah Republican Orrin Hatch once suggested that Garland be nominated. He said that Obama “could easily name Merrick Garland, who is a fine man.”
Obama did just that.
Hatch then released a statement, backtracking: “I think highly of Judge Garland. But his nomination doesn’t in any way change current circumstances. I remain convinced that the best way for the Senate to do its job is to conduct the confirmation process after this toxic presidential election season is over.”
This nomination is crucial: whoever is nominated can influence American society. And whoever wins the election may have the chance to nominate again, making this one of the most important elections of this time.
Nangeli Alcantar is a staff writer at the Tower. E-mail her at nangeli.alcantar(at)gmail.com.