Republicans should act

President Barack Obama recently nominated Judge Merrick Garland, a figure respected by liberals and conservatives alike, to the Supreme Court. Now, the Republicans in the Senate are showing their prowess in a battle, vowing to block the replacement of Justice Antonin Scalia until a new president is voted into office. GOP leaders refuse to consider Garland, saying that the decision should be made by the American people by them choosing the next president who in turn could nominate a different individual than Garland. This showdown could possibly be more fraught than some of the most vicious Supreme Court fights because Obama’s choice could lead to a less conservative Supreme Court, possibly for quite a while.

Obama has expressed admiration for Garland saying, “He is one of America’s sharpest legal minds.” He made the case that Garland was extremely qualified for the job in terms of temperament, experience and legal knowledge. He also believes that any try to block or ignore his nomination could only be based on political motivations.

Senate Republicans do not plan to have hearings on Garland or vet on him, therefore refusing to vote on his nomination at all. Democrats argue that there are still 10 months left in Obama’s term, giving the Senate plenty of time to confirm a new justice.

But Senate Majority Leader Mitch McConnell has expressed that the Senate is steadfast in its determination to go without hearings for Obama’s justice nomination.

“The American people may well elect a president who decides to nominate Judge Garland for Senate consideration,” McConnell said. “The next president may also nominate someone very different. Either way, our view is this: Give the people a voice in the filling of this vacancy.”

While all this determination seems great for the Republicans, they are making a grave mistake. The refusal to consider Garland as the next Supreme Court justice is not in the public’s favor, according to a poll done by the Pew Research Center. A majority of Americans believe that the Senate should hold hearings. Only about 38 percent of the individuals polled believe that the Senate should hold off on hearings.

Going against the wishes of the public is not a smart decision by lawmakers who are coming up for reelection. However, there may be a way around the Senate’s blockade if Obama would choose to invoke his rights as our president. The Constitution’s Article II spells out the powers of the presidency, and shows that the president has the authority to summon one or both of the house of Congress into session, if it is in an extraordinary occasion. It seems that it is under Obama’s discretion to what should be considered extraordinary.

However great of an idea this would be, the Senate is still under Republican control, so it could hide away in its chamber and still do nothing about Garland.

The Senate is only hurting itself by refusing to act on the nominee. Republicans do not need to worry that Garland is a democrat, he is not a partisan, but a high quality jurist. If the Senate was smart, the group would nominate Garland, before a far more liberal or less respected nominee is chosen. If they stick to their position, the Republicans lose, along with the American people.