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Historian: Barack Obama should have implied the Senate's consent and named Merrick Garland a justice

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 …

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“The erosion of democratic norms.”

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