It would take a lot of nerve, but President Obama and Democrats have the power to confirm Merrick Garland as Supreme Court Justice tomorrow, January 3.
At 12 Noon on January 3, the terms of 34 Senators expire. Before newly elected Senators are sworn in, the Senate will briefly consist of 34 Democrats, 30 Republicans, and 2 Independents that caucas with Democrats.
Democrats could appoint Garland. Read more. You well know that Republicans would do it if they had the chance.
Clearly, the Senate has given up its right to “advise and consent” by refusing to even consider Obama’s nomination – made a full 8 months ago. This outrageous behaviour puts a cap on 8 full years of total obstruction.
Obama can appoint Garland and 59 federal judges who are still waiting.
There are three ways President Obama can do this:
- Announce the Senate has waived its constitutional right to “advice and consent” by failing to act.
- Make recess appointments, which wouldn’t be easily reversed
- Ask the Senate to vote them in using the “nuclear option” before newly elected senators are sworn in on January 3rd.
Over 500,000 people have signed this petition. Sign it and share on Twitter and Facebook using the hashtag, #JusticeOnJ3.
“The fact that Democrats prefer to maintain governance norms, even while Republicans break them time and again, inescapably pushes the policymaking apparatus of the country to the right,” says New Republic, as it urges Obama to play his final “trump” card and explains how he can do it.
Over the past 16 months, the Republican-led Senate confirmed 17 lifetime-appointment judges. During the same period in GW Bush’s last year, the Democrat-led Senate confirmed 45. In the last year of his father’s administration, Democrats controlled the Senate and confirmed 82 judges, reports The Daily Beast.