Do find it rather ironic that many on the right have stated that they want the President to follow his responsibilities stated in the Constitution - except - in this situation of nominating a candidate for the SCOTUS. Did hear Mr. McConnell mention something along the lines that the President should not propose a nominee and that the American people need to be involved in this decision. Pretty weak argument since I believe the President and all the members of the Senate were indeed duly elected by the American people to make just these kinds of decisions.
I find it ironic that the President now suddenly cares about the Constitution because it's convenient for him.
That being said, when the President nominates someone the Republicans should give the nominee a hearing and an up or down vote. Unless that nominee is someone who is suitable and won't legislate from the bench, the Republicans should vote down on the merits.
It is absolutely clear that the President has the responsibility and ability to nominate a person for the SCOTUS. I believe he could even do a recess appointment, although I not so sure if the timing is there. The Senate can do what it pleases with the nomination, delay/defer, deny or approve. That is completely within the Senate’s control.
He could make a recess appointment but I don't see that being likely right now. He's going to nominate someone first and see how it plays out.
So why would the leadership of the Senate urge the President to shirk his Constitutional responsibilities? Is there a lack of qualified candidates? Perhaps there isn’t enough time for the Senate to thoughtfully execute it’s own responsibilities in the process? Is the Senate content with having an undermanned SCOTUS operate for more than a year, considering many of the important cases pending? Believe that any logical and informed person would have to say no to all of these questions. The only plausible reason remaining is ideology. Do find it very intriguing that the majority leadership of Senate wishes to make it’s decisions based on ideology and not fact or reason.
Please cite for me where in the Constitution it specifies the number of Supreme Court justices required to operate the court.
This is a no lose scenario for the President. By proposing a qualified nominee, the President can either have the nominee confirmed -or- we will have a situation unfold, for the whole county to see, just how the current Senate does it’s business. Should the Senate decide to just ignore the Presidents nomination, the Democrats will have a golden opportunity to use that in the upcoming elections, I fear that will not play well for the Republicans. Should the Senate decide to actually hold hearings on the nominee and drag it out for many months, a similar situation exists. The Democrats will hammer on the qualifications and experience of the nominee, the Republicans will have, IMHO, a difficult time refuting this. Again, it boils down to the fact that the Senate Republican leadership will be left with trying to justify a decision based on ideology, a difficult position to explain to the American public.
So the President should nominate someone and if the Republicans vote down on the merits then they are the bad guys? Please cite for me in the Constitution where the Senate is required to confirm a presidential nominee. While we're at it, please tell me what the qualifications and experience of the nominee will have that make it very hard to vote down. By that logic, anyone nominated should have qualifications and experience, just perhaps not the qualifications and experience that the Senate majority believes they should have.