Sunday, April 03, 2016

Another step toward GOP tacit consent


Two Republican Senators, after a brief taste of freedom away from the herd, were safely back in the corral without anybody's family being hurt. Senators Lisa Murkowski and Jerry Moron no longer feel that Supreme Court nominee Merrick Garland deserves a hearing or a vote. While this accords nicely with Mitch The Chin's dictum, it also is supportive of a legal theory put out by Yale Law School Professor Matthew C. Stephenson that by not having hearings or a vote, the Senate is giving "tacit approval" to Judge Garland. You can read the full essay by Prof. Stephenson or a neat summation by Charlie Pierce and you will probably agree that the latest actions by the two Senators is quite supportive of this position. Now if only some one would put it to a test.

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