The Milwaukee Journal-Sentinel | Fischer: Senate doesn’t have to confirm

WILL Senior Counsel Mike Fischer writing in the Milwaukee Journal-Sentinel:

“But the Constitution tells us only what has to happen — or not happen. It does not tell us what ought to happen. That is a political question, not a question of constitutional law. And there is plenty of room for a political argument.

Obama says that any president, including one whose term is coming to an end, has the right to send up to the Senate the candidate of his choice. Perfectly right. He says as well that the Senate ought to consider such a nominee and allow each senator to vote. The Republicans who control the Senate appear to be saying that Obama will send up a candidate who agrees with him politically, and given the upcoming election and the end of his term in office, they simply will not consent to such a nominee. They are perfectly within their rights to say so and proceed accordingly.”

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