Commentary

Editorial: “Stalled Court should be unthinkable”

Be sure to check out this morning’s editorial in Raleigh’s News & Observer, “Stalled Court should be unthinkable.” Here’s an excerpt:

“They speak of their intentions, these Republicans do, as if a president’s duty to nominate members of the U.S. Supreme Court was nothing more than a checkoff of Oval Office duties. So if the next president is Hillary Clinton, GOP senators including North Carolina’s Richard Burr and Arizona’s John McCain, say they’ll just resist Clinton’s nominees, and leave the court with its current eight justices, and perhaps fewer if other sitting members leave the court. Thus, one of the three branches of this democracy would be weakened and damaged, perhaps beyond repair.

There have been times when some nominees didn’t pass muster because of their own records or what was viewed by some senators as extreme views — Bork, Carswell, Haynsworth. In other cases, nominees were seen even by allies of the president’s party as underqualified. In modern history, it’s true that those rejected have been put up by Republican presidents, and that may be part of the source of the resistance to Clinton’s potential nominees.

But the Senate Democrats did give approval for a controversial nominee, Clarence Thomas. And many Democrats backed the late Antonin Scalia, an arch-conservative with a formidable intellect. Democrats knew he would not be supportive of their views, but they also knew he was qualified. They felt the same way about current Chief Justice John Roberts.

It appears, however, that arguments about the court are now far more intense, more partisan, more ideological. For senators to say they’ll leave seats vacant is astonishing. And it would render the justice system, and the legislative system, in a state of chaos….

The Supreme Court is vital to ensure consistency in the drawing of the law by legislatures and the enforcement of it. There must be a final authority.

Presidents should consult with leaders of Congress on high court appointments. But the American voters in effect signal their preferences in judicial philosophy every four years, when they vote for president knowing that he or she will have the power to appoint federal judges. So in a real sense, those senators such as Burr, McCain and others who say they’ll ignore the nominees of a president of a different party are also ignoring that most fundamental guiding principle of America’ freedoms — the will of the people.”

Click here to read the entire editorial.

Check Also

Another editorial pleads with Burr, Tillis to end ideological attack on federal courts

As Clayton Henkel noted yesterday, the Winston-Salem Journal ...

Top Stories from NCPW

  • News
  • Commentary

Shortly after 10 o’clock yesterday morning, a federal jury in the hog nuisance case Gillis vs. Murph [...]

North Carolina state law would seem to provide just two options for Wayne County school leaders, clo [...]

Perhaps the sixth time is the charm? Rep. David Lewis (R-Harnett) unveiled another attempt Tuesday b [...]

As the UNC Board of Governors prepares to take up the fate of the Silent Sam Confederate monument Fr [...]

Fayetteville is my hometown more than any – I was born here to military parents, this is where my gr [...]

It’s long been understood by those who pay attention to public policy debates that the age-old conse [...]

The post The newest nuisance in the 9th: Election Fraud Scandal appeared first on NC Policy Watch. [...]

Earlier this week, the UNC-Chapel Hill Board of Trustees (BoT) began plans to erect a statue dedicat [...]