Grassley Op-ed: SCOTUS Vacancy Ain’t No Thang

UNITED STATES - NOVEMBER 21: Sen. Charles Grassley, R-Iowa, talks with reporters in the Capitol after a vote in the Senate to end the minority’s ability to filibuster and kill most presidential nominations. (Photo ... UNITED STATES - NOVEMBER 21: Sen. Charles Grassley, R-Iowa, talks with reporters in the Capitol after a vote in the Senate to end the minority’s ability to filibuster and kill most presidential nominations. (Photo By Tom Williams/CQ Roll Call) (CQ Roll Call via AP Images) MORE LESS
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Senate Judiciary Chair Chuck Grassley (R-IA) pushed back at criticisms of the ongoing GOP SCOTUS nominee blockade he is helping to lead by arguing that “[t]he sky didn’t fall” in past when the court was down a justice.

“So, despite hyperbolic rhetoric, the court will continue to function. And even cases that split evenly will likely be few and far between,” Grassley wrote in an op-ed in the Des Moines Register published Sunday.

The op-ed was a rebuttal to an editorial in the local paper that accused Grassley of creating a “stalemate on the Supreme Court” and labeled “un-American” his refusal to host a hearing for President Obama’s nominee Merrick Garland.

Grassley kicked off his defense of his refusal to grant Garland a hearing by pointing to times in history when the Supreme Court had a varying number of justices.

“Six. Seven. Nine. Ten. Seven. Nine,” Grassley wrote. “These numbers reveal the absurdity of the argument that somehow the federal judiciary is debilitated without a ninth Supreme Court justice for a brief period of time.”

Grassley went on to suggest that it would be more harmful for the Senate to consider Obama’s nominee in an election year than it would be to have a vacancy on the court until after the election. He pointed to comments made by Justices Samuel Alito and Stephen Breyer that the Court would be able to manage with eight members.

He said the current situation provides Americans with “unique opportunity to engage in a serious discussion about the meaning of our Constitution and the way justices read it.” Grassley also said that the Republicans’ current blockade “will help safeguard the integrity of the court.”

“And, it’s entirely American,” he said.

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Notable Replies

  1. Grassley also said that the Republicans’ current blockade

    “will help safeguard the integrity of the court.”

    On the other hand, the senator’s integrity has been broken beyond repair.

  2. Ol’ Farmer Grassley needs to be put out to pasture.

  3. Avatar for tena tena says:

    Grassley is just doing his job as a Tea Party Repug - destroying the American government.

  4. Senator Grassley, if this is a unique opportunity, doesn’t that mean that it hasn’t happened all that often in our past?

    When Justices split, the case they’ve split on remains unsettled. Does that represent a functioning Supreme Court to you, or is it okay in the GOP’s view if the Court is a little bit broken?

    If we had nine Justices, and no vacancies, would that prevent Americans from having a serious discussion about the meaning of our Constitution? If so, why?

    Speaking of the Constitution, does the use of the word “shall” in Article II, Section 2 give the President and the Senate an affirmative duty to appoint Justice Scalia’s replacement? If so, how can you justify your current actions?

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