Posted on 02/15/2016 2:29:59 PM PST by 2ndDivisionVet
Despite the objections of Senate Majority Leader Mitch McConnell, President Obama has announced his intention to submit a nominee to fill the Supreme Court vacancy created by the death of Justice Antonin Scalia.
And despite Donald Trump's call for "delay, delay, delay," the Senate Judiciary Committee will almost certainly have to hold a hearing on Obama's eventual nominee.
It would be one thing to vote against an individual, or even to stage a filibuster, but quite another to abdicate the Senate's constitutionally required "advice and consent" function by refusing to extend even the minimal courtesy of a committee hearing.
That brings us to Ted Cruz, who happens to be the only remaining Republican presidential candidate with a seat on the Senate Judiciary Committee. Under ordinary circumstances, Cruz would therefore be entitled to question the eventual nominee, and to vote on whether his or her name should be advanced to the Senate floor.
Cruz, however, has an unresolvable conflict of interest in this matter, which should disqualify him from participating directly in the proceedings.
As is well known, Cruz's claim to "natural born" United States citizenship has been questioned (bombastically) by Donald Trump, and (very seriously) by a number of highly respected legal scholars, including Harvard's Lawrence Tribe and the University of Chicago's Eric Posner....
(Excerpt) Read more at cnn.com ...
There ain’t no such a thang as conflict a interest if’n Cruz don’t know which a way the nominee would vote on Cruz’s issue. Maybe do that if Schumer recuses himself for being a jackass.
But Cruz could promote a judge who seeks to destroy the constitutional meaning of Natural Born Citizen so that Cruz can be President.
More whining from a faux intellectual-and I never heard “recusal” in reference to anything but the judiciary.
That is certainly correct although the author may later in the article argue Cruz is not even a U.S. citizen.
I'll never know what the learned prof is arguing because I didn't get by:
Cruz, however, has an unresolvable conflict of interest...
This is an unintended consequence of Cruz not getting the Natural Born Citizen issue settled before running for President.
He has to recuse himself based on a hypothethetical? ANY Senator could be tried by the Supreme Court in the future.
lol
more stupid Canada stuff!
A family member (I try to distance myself from them) said the same thing. Obama nominates and they just say yes! is what he said...
then I asked ‘then what is the point of going through the senate? if they are just to rubber stamp the judge and send them to the court it is a wasted step right?”
It didn’t set in, and telling them the democrats did the same thing he went on and on about how that is different. (but never explained how)
Steven Lubet is a legal scholar and author. Lubet is the Edna B. and Ednyfed H. Williams Memorial Professor of Law at Northwestern University.
It’s not something he can fix.
One is either NATURALLY a US citizen because one is born here of citizen parents and cannot possibly be any other or one is not.
If one is born with foreign citizenships, by place of birth or parentage, one cannot be a natural born citizen.
Fig leaf Senate resolutions are a political fix, but do not change the meaning of the words.
McCain’s resolution came at the price of not questioning The Usurper, too high a price in my estimation.
If Republicans dont stop it ,I ll vote against every republican i can in Virginia. Also an investigation needs to start on Scalia’s death. Who ever isfound guilty should be executed for Treason. No matter who it is.
Again, Obama shows that he is not knowledgeable on the Constitution. The Senate does not have a duty to “confirm” his nominee. Their duty is to advise and consent, if consent is warranted. They have no duty to give consent on any of his nominees, they can withhold consent. Every day Obama shows that he is an affirmative action president.
Cruz has all the right enemies.
Trump has all the wrong enemies.
Any such hearings would give Cruz a tremendous opportunity to gain votes for his campaign — which is why I doubt McConnell will permit any hearings
There could be a danger to Cruz’ candidacy if McConnell reverses himself on scheduling hearings.
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I doubt that any hearings will be scheduled prior to knowing who the GOP
nominee will be. The GOP convention is scheduled for July 18-21, 2016.
Exactly right. If the Senate refuses to take up the nomination, nobody's going to stop them.
“Cruz, however, has an unresolvable conflict of interest in this matter, which should disqualify him from participating directly in the proceedings.”
Bulltickie, when I want expert constitutional law opinions from the likes of CNN I will visit my local kindergarten.
BTW I love Ted Cruz and want to see him as President Cruz but I would LOVE to see him as Supreme Court Justice Ted Cruz
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