SCOTUS Brief 3/18/2016

AM SCOTUS Brief – 3/18/2016

WaPo’s Glenn Kessler: Three Pinocchios for Dems claiming Republicans have “Constitutional responsibility” to consider a Supreme Court nominee – Sen. McConnell op-ed in USA Today: Let the People Have a Voice: The American people elected a Republican Senate in the last election – Townhall’s Leigh Wolf: Harry Reid wishes Republicans would follow Biden Rule — Reuters’ Lawrence Hurley: Garland has a record of deferring to government over businesses

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1. Glenn Kessler writes in the Washington Post that unlike what Senate Democrats are claiming, the Senate does not necessarily have a Constitutional responsibility to consider a Supreme Court nomination.

Washington Post: Does the Senate have a constitutional responsibility to consider a Supreme Court nomination?
“But it is also clear that politics has always played a role — and the Senate has set the rules to act as it wants. Nearly 200 years ago, the Senate made it clear that it was not required to act on a Supreme Court nomination. In periods of divided government, especially with elections looming, the Senate has chosen not to act — or to create circumstances under which the president’s nominee either withdrew or was not considered. Indeed, the patterns don’t suggest the Senate used procedures out of constitutional duty, out of deference for what the Constitution says or what previous Senates have done. Instead they used procedures based on the political circumstances of each confirmation. It’s matter of opinion whether a refusal to consider a nominee is a dereliction of constitutional duty or walking away from a constitutional responsibility. But the Senate majority can in effect do what it wants – unless it becomes politically uncomfortable. Democrats who suggest otherwise are simply telling supporters a politically convenient fairy tale.”

2. Sen. McConnell writes in USA Today to let the American people have a voice in November and no matter which party wins the White House, let the next president decide.

Sen. McConnell: Let the people have a voice: The American people elected a Republican Senate in the last election.
“The next Supreme Court justice could fundamentally alter the direction of the court and our country for a generation, and the American people deserve a voice in such a momentous decision. This fair and reasonable approach is what Senate Judiciary Committee Chairman Chuck Grassley and I announced weeks ago and reiterated personally to the president.”

 

3. Townhall’s Leigh Wolf asks Minority Leader Harry Reid to address the “Biden Rule.” What Harry Reid says next is telling.

Harry Reid Agrees With the Biden Rule, “Wishes (Republicans) Would Follow It”

 

4. Reuters’ Lawrence Hurley details some of the concerns that business groups have with Garland’s record of deferring to government action over the rights of businesses.

As appellate judge, Garland viewed as friend of government regulators
“Of the cases in which he has participated, some of his opinions and votes in his 19 years on the bench have already attracted criticism from conservative and pro-business groups following his nomination to the high court by Obama on Wednesday. They say he too easily defers to government action… In another case mentioned by the business group, Garland was part of a three-judge panel that in 1998 upheld Environmental Protection Agency emissions limits for nitrogen oxides from electric utility boilers. More recently, he was on a panel in 2014 that upheld an Obama administration air pollution rule that limits emissions of mercury and other toxic pollutants. The court held that the government was not required to consider the cost of compliance before issuing the regulation. The Supreme Court in June 2015 threw out that decision, although the regulation remains in place.”