- The Washington Times - Tuesday, November 15, 2016

There’s been no word so far from Barbra Streisand on whether she will make good on her pledge to leave the country, but she does want President Obama to bypass the Senate and appoint a Supreme Court justice before leaving office.

Ms. Streisand is championing a White House “We the People” petition calling on the Democratic president to appoint Merrick Garland without the confirmation of the Senate, which is controlled by Republicans.

In March, Mr. Obama nominated Mr. Garland, chief justice of the U.S. District Court of Appeals for the District of Columbia, to fill the vacancy created by the death of Justice Antonin Scalia, but Senate Republicans have refused to hold hearings or vote on his nomination.

“If you are concerned about the Supreme Court, please consider going to this website and signing a petition asking President Obama to ‘appoint’ Merrick Garland,” said Ms. Streisand on Facebook.

“According to the Washington Post, he has the power to do this since Congress has refused to vote, and apparently that can be considered a waiver of its rights to advise and consent,” she said.

Her Washington Post citation referred to an April 8 op-ed by Gregory L. Diskant, a national board member of the liberal advocacy group Common Cause, who argued that the Senate would have “waived its right” to confirm a justice if it failed to do so in a “reasonable amount of time.”

PHOTOS: Pack your bags: Stars who vowed to leave America if Trump won

Others would disagree, but the prospect of Mr. Obama making a unilateral appointment has already drawn nearly 100,000 signatures since the petition was posted Nov. 9.

The White House policy is to respond to all “We the People” petitions that gather 100,000 signatures within 30 days.

In August, Ms. Streisand told Australian journalist Michael Usher that she would head for another country if Mr. Trump were elected.

“He has no facts. I don’t know, I can’t believe it. I’m either coming to your country, if you’ll let me in, or Canada,” said Ms. Streisand.

She has yet to announce whether she will do so, but other stars, including Miley Cyrus, Lena Dunham, Chelsea Handler, Ne-Yo, Amy Schumer, have publicly reneged on their vows to pack their bags since Mr. Trump was elected last week.

Comedian Rosie O’Donnell, who shared Ms. Streisand’s Supreme Court plea on her Facebook page, has feuded openly with Mr. Trump, but said in April that she would not leave the country, insisting on Twitter, “HE WILL NEVER BE PRESIDENT—HE IS A MORON.”

• Valerie Richardson can be reached at vrichardson@washingtontimes.com.

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