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Politics : The Supreme Court, All Right or All Wrong?
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To: jlallen who wrote (2921)4/26/2016 5:20:32 PM
From: TimF1 Recommendation

Recommended By
sandintoes

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I agree.

In any case as Somin, and Adler point out it isn't the Senate's constitutional duty to approve of a judge or give a judge a vote in the first place.

In addition to all the constitutional problems with the idea of the President just claiming Garland is no a USSC justice, the political and practical fallout would be incredible.

For example from Somin's post -

"Obviously, any decisions Garland participated in would likely be tainted as a result (especially if he cast the decisive vote). Moreover, what happens if Garland tries to set up a chambers in the Supreme Court building and begin participating in cases, but Chief Justice John Roberts refuses to let him? Would the president send federal marshals to force the Supreme Court Police (who answer to the Court rather than the president) to let Garland in? Such scenarios and others like them are best avoided, to put it mildly..."
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