[FB] Paper: President has constitutional power to appoint, not just nominate, successor to Scalia

(March 27, 2016)

Without getting into the politics of the Senate’s refusal to consider the President’s nominee for the Supreme Court, here is an interesting legal perspective: “An outright refusal on the part of some senators to consider any nominee from President Obama is an attempt to delegate an elected president’s Supreme Court appointment power. … Constitutional text, structure and history – all of those factors suggest that the Senate may well lack the constitutional power to delegate the current president’s Supreme Court appointment powers to an unknown successor…”

Return to Facebook posts