Former Supreme Court Justice and class act Sandra Day O’Connor told Fox 10 News in Phoenix that Senate Republicans should stop with the business of blocking any appointment to fill the Scalia vacancy on the Supreme Court.

Arizona Sen. Jeff Flake became the latest Republican to say he would not even consider hearing from any nominee President Barack Obama put forth. Flake, like many other Republicans, holding up this unprecedented obstructionism as some kind of tradition. His statement:

One would have to go back more than a century to find a scenario where a president’s nominee for the Supreme Court was confirmed by the opposition party in the Senate when the vacancy occurred during an election year. I’m not about to break new ground in the Senate, particularly when any nominee could so drastically shift the balance of the court.

The real breaking of new ground here, of course, is the refusal to even consider a nominee. Flake may be technically correct that an opposition party hasn’t confirmed a nominee in more than a century, but that’s only because the opportunity hasn’t come up. (Jonathan Chait at New York mag debunks the claims of “tradition” here.)

What’s really going on here is the continuing collapse of all political norms that have kept our government functioning for as long as it has. This is raw power politics, not some deference to long-held principles. And that’s not going unnoticed with the comments on his Facebook page.

Flake is doing this to save his own political hide; Arizona conservatives are growsing that he is a secretly a big ol’ lib because he voted in favor of Loretta Lynch as US attorney general, so he’s gonna prove them wrong, no matter what the damage is to the country and the reputation of the court. Nice work, Sen. Flake.

This article appears in Feb 18-24, 2016.

Getting hassled by The Man Mild-mannered reporter

11 replies on “Sandra Day O’Connor: Fill the Supreme Court Vacancy”

  1. This is exactly what Trump needed to hear. He can assail both parties for not serving it’s citizens, because of politics.

  2. “What’s really going on here is the continuing collapse of all political norms that have kept our government functioning for as long as it has.”

    ‘Progressives’ really hate the U.S. constitution and the balances of power.

  3. I notice she had no problem with Reed, Biden and Schumer doing the same thing. What a bunch of phonies.

  4. The US constitution mandates that the president appoint a nominee and the US congress’ responsibility is to review and vet that nominee. Why wait if not to politicize and obstruct the constitutional process and responsibilities of our elected officials? Congress has been the champion of sitting on their hands and obstructing process for the last 7.5 years. If I preformed my job in similar fashion , I would not receive a paycheck, and more likely not be employed. We are the patsies, whether conservative or liberal. Our tax dollars which keep these elected officials employed is like dust blowing in the wind…evidence that more than 30% of the electorate MUST show up at the polls.

  6. When the Democrats (both Harry Reid and chuck Shumer specifically) announced that they would not consider any Bush appointment to the court, Bush still had 18 months left in his presidency. Harry Reid even went to great lengths explaining how according to the constitution the senate was under no obligation to hold hearings. Don’t take my word for it. Listen to Reid:
    https://www.youtube.com/watch?v=jRbjiVSwmj…

  8. OK Jonathan Hoffman. George H.W. Bush appointed 2 justices during his term and his son appointed two more, 2 of the most conservative, Alioto & Roberts. and Reagan appointed 3. Where do you get the idea that W was denied appointing a Justice? He nominated Miers, an attorney who even let her law license lapse. She was denied & Alioto got the seat. Why are you lying? Now you right wing extremists are demanding to have complete control of the Supreme Court? What is wrong with you? You and your ilk obviously want some kind of dictatorship.

  9. As an Arizonam and a lifelong admirer of former Justice O’Connor, I lost respect for her with this interview. Very disappointed right now.

    I do think it might be best to not allow Obama to inflict any more damage on the American people.

  10. Justice O’Connor is a fine person who now becomes instantly scorned because she speaks an opinion based on experience and wisdom earned. It appears that the Grand Old Party is fracturing itself internally while simultaneously trying to take over all three branches of the federal government. This could be just another form of government shutdown – with unintended and thoughtless consequences TBA.

  11. “Before he enter on the execution of his office, he shall take the following oath or affirmation: I do solemnly swear (or affirm) to faithfully execute the office of president and, to the best of my ability, preserve, protect and defend the constitution of the United States.”

    Article II, section 2. He shall have power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers, consuls, judges of the supreme court…

    The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which hall expire at the end of their next session.”

    Note: … to make TREATIES, provided-two thirds of the senators PRESENT concur…(Does this mean three and only two to concur? 1789…only twenty-six senators…a two-thirds majority would be 17 or 18; 60% – 15…AND, this could be interpreted/limited to making TREATIES? …filling up vacancies: wouldn’t the appointment of supreme court judges be more urgent than…why last on the list?
    Why didn’t President Obama fill the supreme court vacancy during the 30 day recess… he had the power and the duty…to faithfully execute the office of president…PRESERVE THE CONSTITUTION?
    The senate’s (Majority Leader Mitch McConnell, et al) action to STONEWALL, OBSTRUCT, obfuscate,
    cripple the court, etc. is a breach of their oaths! The president and the senate must negotiate soon-
    Can/should Sandra Day O’Conner be brought back onto the court until the next president is elected?

    Congress must also take an oath to “solemnly swear to support this constitution.”

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