Obama Immediately Should Formally Swear Merrick Garland Onto The Supreme Court!
— The US Senate clearly waived its right to offer its consent in the matter.
[Originally written as a Facebook Note on December 1, 2016]
Using his constitutional appointing authority, President Obama should place his Supreme Court Justice choice, Merrick Garland, onto the Supreme Court.
About nine months ago Obama nominated Garland, and the Senate declined to provide him a hearing for to even consider its consent. Traditionally, the Senate has a constitutional right to provide consent to a Supreme Court presidential appointment. However, a strong legal argument can be made that if the Senate declines its right to consider issuing its consent, Obama does not forfeit his constitutional right to appoint.
Garland should then be sworn onto the Court.
The precise moment after Garland is sworn onto the Court, a favorable party should immediately file a challenge to block the legality of Garland’s being sworn onto the Court. This filing should take place in the US District Court of Columbia, which presently is packed with Obama favorable judges. The DC District Court likely, given the Senate’s obvious and clear negligence, will then rule in Obama’s favor.
The GOPwingers next would appeal to the Supreme Court which could result in a 4–4 deadlocked decision. The deadlocked Supreme Court decision means the lower court’s ruling stands. Garland, after the appeal process is exhausted, would then become the ninth member of the Supreme Court of the United States.
What a wonderful display of the wheel of time and the hand of karma this would be!