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03/17/2016

Jonathan Adler on the Senate's Alleged Duty to Vote on Nominations
Michael Ramsey

At Volokh Conspiracy, Jonathan Adler: The erroneous argument the Senate has a ‘constitutional duty’ to consider a Supreme Court nominee.  In part: 

Although many prominent liberal law professors signed the [law professors's letter claiming a Senate duty], serious liberal scholars who have studied the history of judicial confirmation fights are conspicuously absent from the list of signatories. Given the weakness of the constitutional argument, this should not surprise. It’s hard to argue with a straight face that the Senate has a constitutional obligation to, say, hold a confirmation hearing on a Supreme Court nominee when no such public hearings were held for most of the nation’s history.

(Plus a nice citation to The Originalism Blog).