It’s been said that if liberals didn’t have double standards, they wouldn’t have any standards at all. This couldn’t be better illustrated following the death of Antonin Scalia, where Obama is making an unprecedented move to nominate a new Justice this close to an election.Many have drawn attention to Chuck Schumer and other congressional Democrats, who vehemently opposed George W. Bush from nominating a new Justice in 2007. But the hypocrisy dates even further back than that.
As the Daily Caller reports:The Democrat-controlled Senate passed a resolution in 1960 preventing a recess appointment, much to the dismay of Republicans.
S.RES. 334, also known as Expressing the Sense of the Senate That The President Should Not Make Recess Appointments to the Supreme Court, Except to Prevent or End a Breakdown in the Administration of the Court’s Business – passed the Senate in a 48-33 vote in an attempt to prevent former President Dwight Eisenhower from filling a seat last-minute.
Article II, Sec. 2 of the Constitution grants the commander in chief the power to appoint a temporary replacement while the upper chamber is not in session. “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session,” it reads.With several high-profile cases on the docket, replacing Scalia, a conservative, with a left-leaning judge would likely have a major impact on final rulings and potentially advance Democratic ideologies.
The administration said it will not start the process until the Senate returns.
Eisenhower is the last president to use the recess appointment power to appoint a judge to the Supreme Court.When the Senate inevitably blocks Obama’s nominee he’s going to use it as an opportunity to blast republicans as obstructionists, but in reality, Democrats are just getting a taste of their own medicine.
[Note: This post was authored by The Analytical Economist]