It’s irrelevant now, because liberals frustrated with Attorney General Merrick Garland for not prosecuting Donald Trump for inciting the January 6 Capitol riots are saying they’re glad he’s not on the Supreme Court. But Joshua Zeitz, who describes himself in his Twitter bio as a historian and contributing editor to Politico, has been thinking about something for some time. Imagine this: President Barack Obama sets a deadline for the Senate to confirm his nominee for the Supreme Court, and if the Senate doesn’t act by that time, Obama names his nominee a justice under the Senate’s “implicit consent.” They didn’t vote no, so …
It’s been my feeling for some time that Democrats should meet the erosion of democratic norms more forcefully. Obama should have said that Senate non/action on judicial nominations, including Garland, were implicit consent and that as of X date, they were judges/justices.
— Joshua Zeitz (@JoshuaMZeitz) April 6, 2022
“The erosion of democratic norms.”
Contributing Editor to Politico believes Obama should have ignored the constitution because the Senate would not give him his way. There’s your democratic norms erosion. https://t.co/DvCL5S6Fax
— Erick Erickson (@EWErickson) April 6, 2022
— Michael (@gamecocklaw) April 6, 2022
Ruling by Executive Fiat to fight the perceived erosion of democracy seems a tad undemocratic.
— Outlaw Sports (@J12590645Outlaw) April 6, 2022
That’s insane. Our confirmation process is a joke, but this suggestion is crazy. “Implied consent”? That’s the end of anything like a democratic process. Imagine if Trump had been allowed to say Congress had given him “implied consent” on anything.
— Kirk Ross (@rossplan) April 6, 2022
At first I thought this was a really stupid idea but changed my mind when I saw that it had been your feeling “for some time.”
— Contrite bird (@pleasehandlethx) April 6, 2022
— 🦚J. Noble Daggett 🦚 (@aurx899) April 6, 2022
It's almost as if the Constitution doesn't work that way.
— Milkbone (@sprgrss) April 6, 2022
That's a dictator. Just so we're clear, you want a dictator.
— Kevin Tierney (@CatholicSmark) April 6, 2022
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This is such a fabulously stupid idea I can’t believe you had the temerity to post it.
Boy, you guys really show your colors when you don’t get your way, don’t you?
— gwhizkids (@gwhizkids) April 6, 2022
It always amazes me how extremists are cleverly able to rationalize to themselves that their drastic proposals are necessary. You don’t “meet the erosion of democratic norms” with more erosion.
— Tom (@TomSuttles12) April 6, 2022
That's not how it works. That's not how any of this works.
— Stephen Sterns (@SHSterns) April 6, 2022
By that logic, say hello to Justices Estrada and Rogers Brown.
— Michael Brennan (@MikeBrennan330) April 6, 2022
You are a historian? Yikes!
— Josh Allen Stan Account (@ChipD82) April 6, 2022
— Bionic Meat Greg (@GregTheMeh) April 6, 2022
LOL! The Supreme Court itself has explicitly rejected such thinking on multiple occasions.
Even under Obama's term.
— CapsNut (@Caps_Nut) April 6, 2022
Weird how you failed to mention that Obama and Biden supported filibustering Alito and how while in the senate Biden refused to give hearings to over 30 federal court nominees. But that was okay and not breaking a norm because …well…you liked it. Right? 🙂
— Zor-El (@Adam4004) April 6, 2022
LOL, you absolute clowns.
You don't get to claim 'implicit consent' when the process is explicit and doesn't go the way you want it to.
— Jay Dubb (@JayDubbTX) April 6, 2022
Nothing says fighting for Democratic norms quite like screaming "ILLIGETIMATE" everytime a crooked Democrat loses an election.
How are you going to enforce your will and insane laws on society after you completely delegitimize the judicial branch?
— Disappointed In You (@HeyItsJake_H) April 6, 2022
Our system doesn’t work like that, imbecile. That line of thinking could lead to the executive enacting legislation unilaterally, claiming that inaction on the part of Congress justified the action.
— Martin Donaldson (@MartyDon87) April 6, 2022
Dude. You are beyond broken.
— 0255AM (@0255_AM) April 6, 2022
Related:
Dem Sen. Pat Leahy’s ‘never seen anything like’ unfair treatment of Biden’s SCOTUS nominee https://t.co/AkB2rGEmo1
— Twitchy Team (@TwitchyTeam) March 23, 2022
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