The Corner

Law & the Courts

Senator Sasse: Obama Must Nominate a Supreme Court Appointeee Who Rejects His ‘Pen and Phone’ Approach

Senator Ben Sasse weighs in on the judicial nomination process. “We’ve both taken an oath to uphold and defend and teach the Constitution,” Sasse argues, addressing the president directly:

One sub-part of your job is that, when there’s a vacancy on the Supreme Court, you have the right to nominate someone to fill it. One sub-part of my job is that I’m supposed to provide advice and consent on who you might nominate. Mr. President, I’m here to provide you some advice on how you would get my consent. I recommend that you take your potential nominee and go and stand in the Rose Garden and have that nominee explicitly repudiate your ‘I have a pen and I have a phone’ theories of executive unilateralism.


The address is worth watching from start to finish:

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