Professors Jason Mazzone and Rob Kar's recent paper on the Senate's refusal to consider Merrick Garland as a Supreme Court justice was featured in a New York Times article, "Study Calls Snub of Obama’s Supreme Court Pick Unprecedented."
“There really is something unique about the position Republican senators are taking with respect to the Scalia vacancy,” said Professor Mazzone.
“You really cannot find any single comparable case,” he said. “We really did not find any precedent for the idea, notwithstanding the Senate’s very broad powers in this area, that a sitting president could be denied outright the authority to offer up a nominee who would receive evaluation through normal Senate processes.”
“History draws a distinction between rejecting a candidate and rejecting a presidential power,” said Professor Kar.
Read the NYT article
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