Unified Democratic Caucus Urges President To Consult Before Nominating Next Supreme Court Justice When Vacancy Occurs
UNIFIED DEMOCRATIC CAUCUS URGES PRESIDENT TO CONSULT BEFORE NOMINATING NEXT SUPREME COURT JUSTICE WHEN VACANCY OCCURS
Letter to President Sent in Anticipation of Likely Supreme Court Vacancy, Amplifies Moderate Compromise Which Called for Consultation between White House and Senate on Judicial Nominations
President Should Reach Across the Aisle to Democrats to Make Sure that a Future Supreme Court Nominee Will Be Mainstream; Letter Cites Hoover, Grant, Clinton, Others Consulted on Judicial Nominations
U.S. Senators Harry Reid, Chuck Schumer, Patrick Leahy, Dick Durbin, Ted Kennedy and others released a letter signed by 43 Democrats and one Independent to President Bush urging him to consult with the Senate when a vacancy on the Supreme Court needs to be filled. The letter, written by Sen. Schumer and supported by the entire Democratic Caucus, represents a strong and unified position from which the Democrats are imploring the White House and the Republican leadership in the Senate to make every effort to consult when the time comes to appoint a Supreme Court Justice nominee. Sen. Byrd, who did not sign the Caucus letter, plans to send his own letter to the President expressing a similar sentiment.
The letter began, "We write as a unified caucus to urge you to consult in making future judicial nominations, particularly to the United States Supreme Court. The way to avoid the divisiveness and discord that occurred over past judicial nominations is through consensus and cooperation in the selection of future candidates."
The seven Democrats, who along with seven Republicans helped to reach an agreement averting the nuclear option, called for genuine consultation in their compromise memo:
"We believe that, under Article II, Section 2, of the United States Constitution, the word "Advice" speaks to consultation between the Senate and the President with regard to the use of the President's power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration."
Presidents including Bill Clinton, Herbert Hoover, and Ulysses S. Grant have sought the advice of Senators before nominating candidates to the Supreme Court, as well as to the lower courts. And President Bush, at a press conference on May 31, 2005 has said:
"I look forward to talking to members of the Senate about the Supreme Court process to get their opinions, as well, and will do so - and will do so. . . . [W]e will consult with the Senate."
The letter concludes, "We are unaware of any attempt on your part to follow through on that commitment by directly reaching out to Senators who are not members of your own party. We sincerely hope that you will consult meaningfully with Senators on both sides of the aisle well in advance, especially in the event of a Supreme Court vacancy. It is what our Constitution requires, what our tradition favors, and what our citizens want."
Click here to view letter - http://schumer.senate.gov/SchumerWebsite/pressroom/Letters/2005/06.23.05%20Bush%20Judges%20ltr..pdf
http://schumer.senate.gov/SchumerWebsite/pressroom/press_releases/2005/PR41740.Bush%20Supreme%20Court.062305.html