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Obama can appoint Merrick Garland to the Supreme Court if the Senate does nothing

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A Senior Law partner and member of the governing board of Common Cause writes 'Through inaction, the Senate is waiving its constitutional duty to act on nominations.'

I had written a stronger article citing the failure of the Republican pledge signers to follow their Constitutionally binding Oath of Office: followed by a petition to hold them accountable, but Gregory Diskant, who served as a clerk to SCOTUS Justice Marshall, suggests another way, which might allow the president to bypass the Senate when it refuses to do its duty entirely.  If we wish to preserve the independence of the Judiciary, traditionally the weakest of the three branches of government, a way must be found around Senators who refuse to do their duty as defined in the Constitution's Article 2, Section 2.

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Scott Baker is a Managing Editor & The Economics Editor at Opednews, and a blogger for Huffington Post, Daily Kos, and Global Economic Intersection.

His anthology of updated Opednews articles "America is Not Broke" was published by Tayen Lane Publishing (March, 2015) and may be found here:

Scott is a former President of Common Ground-NYC (, a Geoist/Georgist activist group. He has written dozens of articles for (more...)

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