Obama’s Supreme Court Nominee: Checkmate

cooleylawschoolblog

Professor Brendan BeeryBlog author, Constitutional Law expert and WMU-Cooley Professor Brendan Beery explores the ongoing political battle over the United States Supreme Court nomination process. Professor Beery, a summa cum laude graduate of the law school, teaches Constitutional Law, Criminal Law, and Criminal Procedure at WMU-Cooley Law School, and is a frequent legal expert in the media.

Were I to advise an opponent of President Obama in just about any situation, I would say this: Don’t bring a checkerboard to a chess match. The President has put Republicans in a jam by nominating United States Circuit Judge Merrick Garland to be the next associate justice on the United States Supreme Court. There is no constitutional principle that compels the Republican-controlled Senate to confirm Garland. The Constitution provides only that the Senate must advise and consent; there is no timeline for its doing so, and the question whether the Senate may neglect to offer any meaningful advice or…

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