Sunday, August 1, 2010

Elena Kagan

As the talk of Supreme Court Justice Nominee Elena Kagan's confirmation hearing continues unabated, there has also been talk of potential filibuster from the Republicans. As I've said before, this is bad policy. It was improper to filibuster when the Democrats were in the minority, and it is still improper when the Republicans are in the minority. For better or worse, every nominee sent to the Senate by the President deserves an "up or down" vote before the full Senate. If juducial nominees are locked up in comittee, it prevents the will of the full Senate from being expressed. The Constitution requires that all nominees will be decided upon by with the "advice and consent of the Senate". If the minority fillibusters or a committee bottles up a nominee, this does not allow for the consent of the Senate...only the consent of that PART of the Senate. We must not fall into the trap of letting this unconstitutional precident (started by the Democrats during Bush's tenure) continue while the Republicans are the minority. It is a very dangerous road to travel down.
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