Letter To Editor / Chief Judge Garland And Principle

By Roger C. Kostmayer

Senate Republicans should stop the partisan games and follow the Constitution they swore an oath to uphold.

Supreme Court nominee Merrick Garland probably wouldn’t have been the first choice of most Democrats or liberals, but President Obama worked hard to identify the best, most qualified and acceptable candidate who would help bring the nation together and put the Supreme Court at full strength during a difficult period.  He did his job and he resisted pressure to include political considerations – like age, gender, race, national origin, home State, and personal relationships.  Judge Garland is eminently qualified, moderate, admired and recommended by many Republicans, and (unlike Justice Scalia) is a humble consensus builder.  Garland is so committed to the law and to an independent Supreme Court he’s willing to subject himself and his family to what will surely be painful public stress.

55% of Americans disapprove of the Republican’s unconstitutional obstructionism; 67% say Senators should meet with the distinguished nominee, hold hearings promptly, and then render an “advise and consent” vote.  By contrast, Senators McConnell, Grassley and others are playing partisan games and are dead wrong on the history and the facts.  Their violation of both the Constitution and precedent by refusing to even meet with the judge is based on a phony desire to “let the American people decide” the next Justice.  First, the Constitution is clear and unambiguous about how a Justice is appointed.  Secondly, the American people DID decide, by 5 million votes in 2012.  Third, no serious person believes that Presidents and Senators are not responsible for carrying out all their Constitutional duties for their full term – even the last year.

Justification for failure to perform their Constitutional duty is based on the claim that a “principle” is being defended.  This principle, apparently, is a fear that meeting Judge Garland and holding open hearings might cause Republican Senators (and the American people) to like  the nominee and admire his credentials, making it difficult to vote against him.  Some principle.

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