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Nomination of Judge Amy Coney Barrett: Controversial but Legal

Posted by Roger McLean | Sep 29, 2020 | 0 Comments

I saw this and thought it was interesting.

The nomination of Judge Amy Coney Barrett to replace the late Justice Ruth Bader Ginsburg on the United States Supreme Court is clearly a matter of great political controversy, and sharp disagreement about what is fair and right. There is no legal or constitutional ground for complaint, however, because our Constitution is silent about the timing of a Presidential nomination and about when and how the Senate should proceed to consider a nominee.  In 2015 when the Senate refused for ten months to consider President Obama's nominee Judge Merrick Garland, like it or not, the Senate was within its rights to refuse.  Now the Senate says it will act on President Trump's nominee Judge Barrett within a single month and in the final days before the Presidential election.  Again, like it or hate it, the Senate is acting within its constitutional authority. 

The enormous importance of the Supreme Court in our society assures that we will always have battles over the Court's make-up.  The different treatment by the Senate of President Obama's nominee and of President Trump's nominee should surprise no one in this time of sharp political divisions.  And, it is a stark reminder to us all that elections have consequences.  So, whether you approve or disapprove this turn of events, don't forget to vote!

About the Author

Roger McLean

Profile Roger W. McLean, Attorney in the Kansas City Metro Area Attorney Roger McLean is a former State Court Judge who has personally handled thousands of personal injury claims over his nearly 40 year career. He personally handles ever case he accepts, so there will be no hand-offs to a paralegal or junior associate.


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