Dems’ latest Supreme Court tactic: No recess till confirmation hearings
WASHINGTON — For three months, Senate Democrats have hammered their Republican counterparts over their refusal to take up President Barack Obama’s Supreme Court nominee. Now House Democrats are looking to do some hammering of their own.
Six of them plan to introduce a House bill aimed at pressuring Republicans in both houses on the Supreme Court issue. The “Senate’s Court Obligations Trump Unconstitutional Stalling,” or SCOTUS, resolution would force Congress to remain in session through the summer recess — and hence the national party conventions — if the Senate has not held hearings on a pending Supreme Court nomination by July 19.
That date will mark 125 days since Obama nominated U.S. Circuit Judge Merrick Garland to succeed the late Justice Antonin Scalia, which is the longest period a Supreme Court nominee has had to wait for a vote without first withdrawing. In 1916, nominee Louis Brandeis waited that long for his confirmation.
“We already have one dysfunctional branch of government right now, and I’m not going to sit idly by and watch the Senate try to create a second dysfunctional branch by hobbling the Supreme Court,” said Rep. Elizabeth Esty, D-Conn., the bill’s lead author and a former appellate lawyer. “My hope this bill (sic) will help raise not just public awareness, but really cause my colleagues in the Senate to think about our sworn duty to uphold the Constitution.”
Confirming judicial nominees is the constitutional responsibility of the Senate, not the House, and the debate has largely played out there. The House bill is unlikely to receive any formal consideration by the Republican majority, but it will give activists and House candidates a concrete proposal to rally behind.
Joining Esty in introducing the bill are the four House Democrats who are seeking Senate seats in November — Reps. Tammy Duckworth of Illinois, Ann Kirkpatrick of Arizona, Patrick Murphy of Florida and Chris Van Hollen of Maryland. Rep. Jared Polis, D-Colo., is also co-introducing the bill.
“This is an institution they are looking to join, and they are looking closely at the responsibilities of that institution,” Esty said of the four Senate hopefuls. “If they become senators, I believe they will take that responsibility with them.”