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Supreme Court: Open Letter to Senator Sullivan

I write to express my continued dismay at your continued rejection of considering ANY Supreme Court appointment of President Obama’s.

I have read your statement at https://www.facebook.com/1499142123704271/posts/1702865476665267 but remain unconvinced that you and your party are acting in the interest of the nation by refusing to act on the President’s nomination. You state:

The decision to withhold advancement of Mr. Garland’s nomination isn’t about the individual, it’s about the principle. Alaskans, like all Americans, are in the midst of an important national election. The next Supreme Court justice could fundamentally change the direction of the Court for years to come. Alaskans deserve to have a voice in that direction through their vote, and we will ensure that they have one.

Even if the Constitution provided a role for the general electorate in Supreme Court appointments, we Alaskans have already had three votes on the direction of the Supreme Court – As a State, we voted for Romney in 2012, but didn’t get him. In 2010 we re-elected Senator Lisa Murkowski and in 2014 we elected you to the Senate. Under the Constitution, those are all the votes Americans need for Supreme Court nominations to proceed to confirmation or failure.

While the Constitution does not provide for a popular vote on the Supreme Court, it does provide for Senate votes. If you believe that Judge Garland is wrong for the court, or that a President’s power to appoint should end in year three of their term, vote NO on Judge Garland.

I believe that your attitude not only harms the country but your own party and donor class in at least three ways:

1) Republican control of the Senate is threatened. Whether or not the majority of Alaskans support your position, voters in states with vulnerable Republican Senators favor acting on the President’s nominee. They say that your refusal to have a vote on the President’s nominee will make them less likely to vote for their Senator. Is blocking the Presidents nominee worth going to minority status?
2) If your effort to limit a President’s appointment power to the first three years of their term succeeds, you can count on the Democrats throwing your words in your face if something similar happens in the last year of a Republican President’s term. They will enforce your own views either by having a majority or through filibuster. Unless you remove the filibuster — which I heartily recommend should you retain control of the Senate in 2017.
3) Whether Trump or Clinton gets elected President, you are unlikely to get a nominee as acceptable to you as President Obama’s choice of Merrick Garland. You may dream of confirming Judge Garland in a lame duck session, but if Clinton wins, some Democrats will almost certainly filibuster him, using your own words of “Let the next President make her own nomination” against you.
As I stated in my last letter to you on this subject, when I say “take action” I do not say “confirm” even though I do support Judge Garland’s appointment. I mean that you should urge your leadership and members of the Senate Judiciary Committee to hold hearings followed by an up or down vote. If you don’t believe that Judge Garland should not be on the Supreme Court, vote him down and wait for the next nominee. That is a legitimate exercise of the Senate’s power of advise and consent. It’s an exercise contemplated and expected by the Founders. I can’t believe that they intended the Senate to take no action at all — though if you have documentation to the contrary please send it to me and I will read through it.

Please do your constitutional duty. Hold hearings on Judge Garland. Give him an up or down vote.

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  1. clapping.

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