Neither History Nor the Constitution Compels the U.S. Senate to Confirm Obama’s Scalia Replacement

Written by Casey Mattox

Touchdowns were worth 4 points, field goals were worth 5, the forward pass was illegal, and these guys were the terrors of college football.

That was the setting in 1888, the last time an opposition party controlled Senate confirmed a Supreme Court nominee to a seat vacated during an election year. President Garfield’s nominee, Melville Fuller, (coincidentally, a Harvard man who would not have liked the picture above) gained the support of a barely Republican Senate.… Continue Reading

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