Op-Ed: Garland Confirmation Vital to Fair Consideration of SCOTUS Cases

WASHINGTON, D.C. – The following op-ed, written by Congressman Cleaver, appeared in the May 4, 2016 edition of The Hill.

The Supreme Court is in the midst of deciding one of the most important immigration cases in years -- at stake is the unity of millions of families with undocumented members. And yet, the case will be heard with only 8 Supreme Court Justices.

As of this week, it has been 48 days since President Barack Obama put for the nomination of Merrick Garland for the Supreme Court.

Despite his long career and compelling credentials, Judge Garland is no closer today than he was on March 16th to being confirmed for the Supreme Court. Garland certainly does not lack credentials or ability, nor a record of expertise. He has no "activist" record.

Garland's nomination has been stalled as part of a concerted and cynical effort by the Republican Senate majority to ensure that no nomination, no matter how qualified, put forth by Pres. Obama is confirmed. This refusal to honor the Presidency of Barack Obama is, quite frankly, an insult.

It's also part of a pattern, a long string of incidents in which the far-right has refused to allow President Obama to do his job -- a history that has left us with dozens of vacancies across the federal courts. No other president has been faced with this reckless and disrespectful obstruction on a SCOTUS nomination.

The Senate majority leader and many of his colleagues in "auto-obstruction' mode" are more than happy to apply a different standard to President Obama. There will be much written by historians to analyze this politically untidy time and how the potty-mouth politics defined our era.

Section 2 of Article II says the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . . Judges of the Supreme Court." Can a job description be any clearer?

The Senate is not a rubber stamp and through history we've seen contentious debates and drawn out processes of nomination. But, throughout the 240-year history of this country, we've always trusted this process and carried through with nominations in a timely manner. The constitution of this country states that the Senate is duty bound to carry out this process, but this Senate led by Sen. Mitch McConnell has taken it upon themselves to defy the constitution, because they are willing to put the desires of their party over the needs of our country.

Quite simply, the highest court in the land must have its full complement of Justices to handle the weighty matters it must address! There is important business at hand, and it requires we have a full and confirmed Supreme Court to address it. Some of the most pressing issues of our time, Issues that affect real Americans are hanging in the balance. Issues that in my opinion, trump the concerns of Senators set on stalling, blocking and playing politics to get their way.

In my great state of Missouri, we have tens of thousands of undocumented immigrants waiting to find out the fate of their family unity. We have women waiting to find out the fate of their birth control. And we are all anxious to move with the rest of the science believing world to reduce pollution and fossil fuels starting with the Clean Power Plan.

No elected officials, in the greatest nation of the world, should degrade our democracy by claiming to have a duty to this country to stall…a duty to obstruct for the next nine months. However, a duty is something akin to a scared calling. Who wants their biography to read, "He or she had a sacred mandate to be political?"

Is it a duty to the hardworking men and women of this country who deserve a fully staffed judicial branch? No, it's simply their duty to ensure their party holds the cards. It has nothing to do with duty to country and everything to do with duty to self and duty to partisan priorities.

The constitution is clear, the Senate is to "advise and consent."

I implore my colleagues in the Senate to think deeply and read the words of our foundational document and do their job, regardless of their feelings and why on this particular President.

We need nine and we deserve nine, and we call on the Senate to hold hearings and uphold the only duty they've sworn to uphold-a duty to uphold the Constitution of the United States and serve this country.

The original op-ed may be found here.

Emanuel Cleaver, II is the U.S. Representative for Missouri's Fifth Congressional District, which includes Kansas City, Independence, Lee's Summit, Raytown, Grandview, Sugar Creek, Blue Springs, Grain Valley, Oak Grove, North Kansas City, Gladstone, Claycomo, and all of Ray, Lafayette, and Saline Counties. He is a member of the exclusive House Financial Services Committee, the Ranking Member of the Subcommittee on Housing and Insurance, and also a Senior Whip of the Democratic Caucus. A high-resolution photo of Congressman Cleaver is available here.

For more information, please contact Heather Frierson at 816-842-4545 or Heather.Frierson@mail.house.gov.