- - Thursday, August 4, 2016


Much has been made about the importance of the upcoming election vis-a-vis the Supreme Court. To all those Republican voters who plan to stay away from the polls in November because they do not like Donald Trump, please keep in mind that Article II, Section 2 of the Constitution states the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for.” A simple majority — that is, one more in favor than opposed — is all that is required for approval of the nominee. If the Senate is divided 50-50 on any nomination, the vice president can cast the tie-breaker.

If you are afraid of the appointments that Hillary Clinton might make, the best chance you have for blocking a Supreme Court nominee is by having the Senate withhold its “Advice and Consent.” Since it only takes a simple majority of the Senate to confirm the nomination, if the Democrats take control of the Senate, they will have the majority required to approve Mrs. Clinton’s nomination. However, if the GOP has control of the Senate, this “simple majority” may not be available and nominations that are not desirable for the GOP might be blocked.

Therefore, even if you do not like Donald Trump, your vote on the down-ticket candidates, especially for the Senate, is vital if you wish to have any control of the Supreme Court justices appointed during a Clinton presidency.



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