I like what Cruz said this morning.... constitution says President will nominate and Senate is responsible for advice and consent. He said the senate’s advice to obammy is not to nominate anyone...
S.RES. 334. EXPRESSING THE SENSE OF THE SENATE THAT THE PRES. SHOULD NOT MAKE RECESS APPOINTMENTS TO THE SUPREME COURT, EXCEPT TO PREVENT OR END A BREAKDOWN IN THE ADMINISTRATION OF THE COURT’S BUSINESS. KEATING MOTION TO RECOMMIT TO JUDICARY COMM.
Dems in Senate passed a resolution in 1960 against election year Supreme Court appointments
By Thomas Lifson
Read it and weep, Democrats. The shoe is on the other foot. David Bernstein at the Washington Post’s Volokh Conspiracy blog:
Thanks to a VC commenter, I discovered that in August 1960, the Democrat-controlled Senate passed a resolution, S.RES. 334, Expressing the sense of the Senate that the president should not make recess appointments to the Supreme Court, except to prevent or end a breakdown in the administration of the Court’s business. Each of President Eisenhower’s SCOTUS appointments had initially been a recess appointment who was later confirmed by the Senate, and the Democrats were apparently concerned that Ike would try to fill any last-minute vacancy that might arise with a recess appointment.
The GOP opposed this, of course. Hypocrisy goes two ways. But the majority won.
As it should this time.
S.RES. 334. EXPRESSING THE SENSE OF THE SENATE THAT THE PRES. SHOULD NOT MAKE RECESS APPOINTMENTS TO THE SUPREME COURT, EXCEPT TO PREVENT OR END A BREAKDOWN IN THE ADMINISTRATION OF THE COURT’S BUSINESS. KEATING MOTION TO RECOMMIT TO JUDICARY COMM.