United States Constitution Article II Section 2 Paragraph 2
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
Supreme Court Justice Antonin Scalia died on February 13, 2016. Just over a month later, as is his right and duty granted by the United States Constitution, President Obama nominated Merrick Garland. And, our United State Senate voted on the nomination and confirmed Garland’s appointment to the Supreme Court. Oh, wait, the United States Senate has NOT confirmed Garland’s appointment to the Supreme Court. It is now the end of August and still, no vote.
Haven’t the American people waited long enough for a replacement for Justice Scalia?
We should be outraged that our duly elected officials are NOT doing their jobs. Unfortunately, our Founding Fathers didn’t anticipate this and put something in the Constitution to say what to do when the Senate refuses to do its job and vote on the President’s nominee. There is a clause about what happens if the Senate is in recess, the President can make the appointment. But, not one word about the Senate not cooperating. Not. One. Word.
“It’s just too highly politicized of an atmosphere. It’s not fair to the nominee, it’s not fair to the court. Don’t nominate anybody. That was our advice. President Obama didn’t follow it.” – Senator Ron Johnson (R-WI)
I’ll bet our Founding Fathers never thought, never even considered that we might have elected officials so obstinate that they wouldn’t vote on the President’s Supreme Court nominee. I don’t have a problem with them not confirming – it happens. I don’t have a problem with them holding hearings, we’ve been doing that my whole life and probably longer. I do take serious issue with our Senate not doing their jobs.
Senator Ron Johnson (R-WI) says he approves of this. He tells his constituents that we don’t nominate and appoint Supreme Court Justices in election years. Johnson said “It’s just too highly politicized of an atmosphere. It’s not fair to the nominee, it’s not fair to the court. Don’t nominate anybody. That was our advice. President Obama didn’t follow it.”1 (I should mention that in 1992, Joe Biden had the same idea. It was wrong then and it’s wrong now.)
This isn’t Senator Johnson’s only refusal to nominate a judge to a Federal Court. The US 7th District Court is still down a couple of judges and we have Ron Johnson to thank for it. He blocked the nomination of Victoria Nourse, who was nominated in 2010, before Johnson was even Senator. He said it wasn’t fair because he hadn’t been consulted. HE. WASN’T. THE. SENATOR.
Ron Johnson is up for reelection. We cannot in good conscience send this man back to Washington for another six years. These are not the only reasons not to reelect Johnson, they’re just my reasons today. I’ll have more as the election draws near.
1.Wisconsin Watchdog article...2/6/2016