President Obama on Tuesday brushed aside a suggestion that he shouldn’t object to Republicans’ Supreme Court obstructionism because he backed a move in 2006 to filibuster the nomination of Samuel Alito.
Obama discussed inner-party workings to justify his decision as a lawmaker and said that the situation facing his next nominee isn’t comparable to the opposition Alito faced.
“Some people take strategic decisions. I understand that,” he said. “What is also true is that Justice Alito is on the bench right now.”
Alito was approved by the Senate in a 58-42 vote. The New York Times reported that it was “anti-climactic,” with Dems having enough votes to filibuster the choice, but declining.
“[C]onfirmation was assured on Monday afternoon, when the Senate voted to shut off debate on the nomination and give the nominee a yes-or-no vote,” the paper noted.
Twenty-five Democratic Senators voted to block Alito’s nomination—fifteen votes shy of the filibuster threshold. Sens. Barack Obama (D-Ill.) and Hillary Clinton (D-N.Y.) voted against limiting debate (the latter, currently the front-runner in the Democratic presidential primary, has also called for a nominee to advance without delay).
Hours after Supreme Court Justice Antonin Scalia’s sudden death was reported on Saturday afternoon, Senate Majority Leader Mitch McConnell (R-Ky.) said that Obama shouldn’t even pick Scalia’s successor.
“The American people should have a voice in the selection of their next Supreme Court Justice,” he said. “Therefore, this vacancy should not be filled until we have a new president.”
The White House countered just hours later. “I plan to fulfill my constitutional responsibilities to nominate a successor in due time,” the President retorted.
Obama said on Tuesday that, in the past, parties would generally give dissenting members a voice, while refraining from blocking executive nominees.
“Each caucus is going to decide who is going to vote where, and what. But you make sure a well-qualified candidate is able to take the bench,” Obama said.
The President also blasted the Senate for slowing down the approval process for many of his judicial nominees, even when the Senate Judiciary Committee has unanimously approved of them.
“I intend to do my job between now and Jan. 20, 2017, and I expect them to do their job as well,” he said. Refusing to answer a question about the possibility of a recess appointment, Obama added: “I expect them to hold hearings. I expect there to be a vote. Full stop.”
Two days before Scalia’s death, the Senate Judiciary Committee’s ranking member detailed the unique impediments that President Obama’s nominations have faced in the lame duck session.
“Senate Republicans have allowed just fifteen judicial nominees to be confirmed since taking over the majority last year,” the office of Sen. Patrick Leahy (D-Vt.) said in a statement, noting that seventeen nominees marked up by the committee were still waiting for a floor vote. “At this same point in the eighth year of the Bush administration, the Senate Democratic majority had confirmed 40 judicial nominees.”
Accusations of deliberate sabotage have dogged Senate Majority Leader Mitch McConnell (R-Ky.) since the mid-point of President Obama’s first term. In late 2010, McConnell said that “the single most important thing we want to achieve is for President Obama to be a one-term president.”
