February 22, 2016
Why the U.S. Senate must refuse to cooperate in President Obama’s plan to make the U.S. Supreme Court into a pro-abortion super-legislature
The vacancy should be filled by the president who is elected on November 8, 2016.
Certainly, the Constitution gives President Obama the authority to nominate a replacement for the late Justice Antonin Scalia – but the Constitution also makes it clear that the vacancy will endure until the U.S. Senate gives “consent” to a nominee. There are various ways that the Senate may refuse to consent, including inaction on a nomination, which is what should occur in this case.
That is because this is not primarily about the professional credentials of a particular nominee – it is about who decides whether unborn children will be protected, whether religious liberty will be protected, and whether the free-speech rights of groups out of favor with the liberal elites will be protected (among other things).
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