Trump Misleadingly Forgets that the Senate Needs to Confirm Supreme Court Justices
In Trumps’ rally today, Trump said that if Clinton becomes President she will appoint the Supreme Court Justices. He neglected to say that the Senate must Advise and Consent first. He also ignored that for the Supreme Court appointments, there is still the Senate requirement of a supermajority of 60 votes to overcome a filibuster. The reason that the Supreme Court replacement of Conservative Antonin Scalia is even an issue, is that Republicans dominate the Senate. The Majority Leader of the Senate, Mitch McConnell, has seemingly violated the Senate requirement to consider President Obama’s nomination of Chief Judge Merrick Garland, and blocked advise and consent until the next administration.
Republicans now have 54 Senators. That would have to fall to 40 Republican Senators for the Democrats to have the 60 needed votes. That is not going to happen this election.
On the other foot, if Donald Trump becomes President, even the present 46 Democratic Senators could block an unreasonable Trump nominee.
The other misleading thing that Trump said, was the claim that a Clinton Presidency could take away people’s guns. Even with a liberal Clinton appointment to succeed Scalia, the current interpretation of the Second Amendment is a Supreme Court Precedent. The Republicans in the Senate would never approve a Justice that would alter this interpretation. Just remember, that the current interpretation includes the power for the Congress or States to impose reasonable gun controls. Presumably, that includes the power to extend the current screenings of gun purchasers to Internet and gun show purchases. If States have the right to require all voters to be approved by computer check with ID and registration, why can’t they require that of somewhat more dangerous gun purchases?
Trump doesn’t need proponents of the Second Amendment to in some vague way block Clinton’s hypothetical unfair appointments — that power already exists in the Senate confirmation process.
