MDD123 wrote:
Simple question. I personally did not like Scalia or his decisions. The sitting president normally nominates a new SC justice and has the senate confirm or deny the decision within a few months. In the handful of cases that the senate denies the president's pick, the president simply nominates a different justice and tries again.
The senate has never blocked or stalled a nomination with the intent of waiting for a new president to take office. And the notion that waiting for a new POTUS election is more democratic than allowing our currently serving POTUS to make the nomination doesn't is just a lie. The only thing such a measure would do is create a possibility that a republican POTUS will make the nomination, this is a power play, nothing more.
The Senate does not HAVE to vote on the nominee at all. They can go along with their regular business. The only thing that is required is that before the nominee can take the position, the Senate must vote in his favor.
President Obama has no right to demand the Senate to vote on his nominee.
By the way, don't forget that during President G W Bush's second term, the Democrats in the Senate were geared up to block any Supreme Court nominee that the President might make should a justice resign or pass away. The Democrats are just showing themselves to be their usual hypocritical selves.
And for what it's worth, I think that nearly all appointments of Supreme Court justices in the 20th century went smoothly is largely because the Senate and the President in those cases were usually the same party.
But I guarantee you that if we currently had a Republican President and a Democratic Senate, the Senate would be even less likely to vote for the nominee. You have to give the Democrats respect on one thing: they keep fighting for what they want while the Republicans often give up and let the Democrats have what they want.