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The Source: Is Saying 'No' To SCOTUS Pick A Winning Strategy?

Pete Souza | The White House | http://bit.ly/1S6bgFk
President Barack Obama meets with Chief Judge Merrick B. Garland in the Oval Office, March 9, 2016.

Last week, President Barack Obama nominated a centrist to the Supreme Court, Merrick Garland. In his speech, he often quoted republican lawmakers who praised Judge Garland in his past work on the DC Appeals Court. Judge Garland has sat on the DC Circuit Court of Appeals for 19 years, is well respected and is proving a major headache for Republican lawmakers, which many argue was exactly the point.

Responding to cries from the right to not allow any nominee from the current administration to pass, has resulted in a precarious position for the GOP. Even among their own establishment you see a crack on the subject. Last week, the conservative publication 'National Review' ran a piece from conservative columnist George Will calling congressional leaders' position on Garland 'indefensible' and 'incoherent'. Two days later, the editors of the same publication endorsed the idea in an editorial of not confirming the nominee.

In addition to yet another intra-party scuffle, the news is fodder for Democratic leaders wanting to play up an obstructionist GOP. 

Is this a winning strategy? What impact will an eight-Justice court have on Texas Cases this year?


  • H.W. Perry Jr., associate professor of Government and Constitutional Law
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Paul Flahive can be reached at Paul@tpr.org and on Twitter at @paulflahive