There is an interesting article, dated today, by David Harsanyi entitled “GOP Has A Duty To Reject Obama’s SCOTUS Pick.” It furnishes a good rejoinder to Harry Reid's quote, posted here yesterday:
Harsanyi points out that when President Barack Obama was a Senator, and Samuel Alito's name came up before the Senate in 2006, then-Senator Obama made a floor speech (of which I quote even more than Harsanyi does) including these words:
If then-Sen. Obama could use such language, the Republicans in the Senate have every reason to follow his words that “I believe firmly that the Constitution calls for the Senate to advise and consent. I believe that it calls for meaningful advice and consent that includes an examination of a judge's philosophy, ideology, and record.” And assuming that President Obama's nominee has an unacceptable “philosophy, ideology, and record” in the opinion of the Senate majority, they have every reason to reject that nominee. I agree with Harsanyi.
The President can and should send the Senate a nominee right away. With so many important issues pending before the Supreme Court, the Senate has a responsibility to fill vacancies as soon as possible. It would be unprecedented in recent history for the Supreme Court to go a year with a vacant seat. Failing to fill this vacancy would be a shameful abdication of one of the Senate's most essential Constitutional responsibilities.
Harsanyi points out that when President Barack Obama was a Senator, and Samuel Alito's name came up before the Senate in 2006, then-Senator Obama made a floor speech (of which I quote even more than Harsanyi does) including these words:
As we all know, there's been a lot of discussion in the country about how the Senate should approach this confirmation process. There are some who believe that the President, having won the election, should have the complete authority to appoint his nominee, and the Senate should only examine whether or not the Justice is intellectually capable and an all-around nice guy. That once you get beyond intellect and personal character, there should be no further question whether the judge should be confirmed.
I disagree with this view. I believe firmly that the Constitution calls for the Senate to advise and consent. I believe that it calls for meaningful advice and consent that includes an examination of a judge's philosophy, ideology, and record. And when I examine the philosophy, ideology, and record of Samuel Alito, I'm deeply troubled.
I have no doubt that Judge Alito has the training and qualifications necessary to serve. He's an intelligent man and an accomplished jurist. And there's no indication he's not a man of great character.
But when you look at his record — when it comes to his understanding of the Constitution, I have found that in almost every case, he consistently sides on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding American's individual rights.
If then-Sen. Obama could use such language, the Republicans in the Senate have every reason to follow his words that “I believe firmly that the Constitution calls for the Senate to advise and consent. I believe that it calls for meaningful advice and consent that includes an examination of a judge's philosophy, ideology, and record.” And assuming that President Obama's nominee has an unacceptable “philosophy, ideology, and record” in the opinion of the Senate majority, they have every reason to reject that nominee. I agree with Harsanyi.
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