Justice Ruth Bader Ginsburg
The president is elected for four years, not three years, so the power he has in year three continues into year four. And maybe our members of the Senate will wake up and appreciate that that’s how it should be.
If the Senate doesn’t act, and the Senate is not acting, what can be done about it? Even if you could conceive of a testing lawsuit, what would the response be? ‘Well, you want us to vote, so we’ll vote no.’
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— Justice Ruth Bader Ginsburg, during a speaking engagement at Georgetown University Law Center, in response to a law student who asked if there was a “valid constitutional argument” that would prevent President Barack Obama from filling the seat on the Supreme Court that was left open following Justice Antonin Scalia’s death in February. Thanks to the Senate’s inaction, Judge Merrick Garland’s nomination to the high court has been pending for 176 days — longer than any SCOTUS nominee in history.
Staci Zaretsky is an editor at Above the Law. Feel free to email her with any tips, questions, or comments. Follow her on Twitter or connect with her on LinkedIn.