A key Republican is leaving the door open to taking the first step.
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The “Appointments Clause” in Article II of our Constitution states that the president “shall nominate, and by and with the advice and consent of the Senate, shall appoint … judges of the Supreme Court”. “And I think they recognize that being president is a serious job”.
Obama was expected to face questions on the Supreme Court later on Tuesday during a news conference in Rancho Mirage, California at the close of a two-day meeting with leaders from Southeast Asia. And now, with Scalia’s death, it has reached the point of no return.
Republican frontrunners Donald Trump, Ted Cruz and Marco Rubio all agreed that the next president should nominate Scalia’s replacement, not Obama.
Yet there were hints that at least some Republicans might come around. “So I will do everything that I can to make sure that when the President makes his nomination, the Senate goes forward”, he said to CBS’ “Face the Nation”.
Grassley’s words Tuesday may seem like a departure from remarks he made Saturday, when he agreed with multiple GOP leaders that the next president – not Obama – should make the nomination.
Scalia’s death leaves the court evenly divided between liberal and conservative justices just as it is set to decide major cases on abortion, voting rights and immigration.
Instead, the vice president and his wife will attend the funeral at the Basilica of the National Shrine of the Immaculate Conception in Washington, D.C., on Saturday.
Governor Sullivan understands both republicans and democrats desire to nominate the next justice, but when asked if the republicans drive to stop President Obama’s nomination was based on jurisprudence or politics his answer was simple. “There’s no unwritten law that says it can only be done in off-years; that’s not in the Constitution”. “That means whatever the decision was in the lower court will stand”. The November election, they argue, will give voters a chance to weigh in on the direction of the court.
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McConnell has shown no signs of shifting his opposition, and several lawmakers facing heated elections have backed him up.
