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OpEdNews Op Eds    H2'ed 10/9/18

High Crime in the U.S. Senate

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From Mitch McConnell - Caricature | Addison Mitchell McConnell, J | Flickr731 Ã-- 1024 - 396k -
From Mitch McConnell - Caricature | Addison Mitchell McConnell, J | Flickr731 Ã-- 1024 - 396k -
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While the shock waves of the Kavanaugh confirmation to the Supreme Court are still rumbling across the nation, a most grievous aspect of the fiasco is not getting the attention it deserves.

I would go back to the decision by Mitch McConnell not to allow President Obama's nominee for the Supreme Court, Merrick Garland, to be brought up for confirmation by the senate. Obama had a clear constitutional power and duty to appoint a judge to that position, subject to senate approval. The constitution did not grant McConnell the authority to deny that power. His actions were clearly an obstruction of constitutional justice. The reasons he gives for refusing to allow the nomination to proceed place the senate's rules for procedures above constitutional obligations. This could be interpreted as an act of contempt of the constitution, at least evicting him from the senate, if not putting him in prison for sedition.

I fault Obama for not pursuing legal acton, although the blame also falls upon the Republican majority in the senate which did not contest its leadership, and also upon the Democratic minority for not challenging the decision upon constitutional grounds. Perhaps the Democrats will pursue it when they regain the majority in the senate.

This story should not be written off and it will not be forgotten. If government agencies fail to act, citizen groups should take up the battle to restore constitutional justice. There are no time limits to this act of betrayal. The act of swearing in Justice Kavanaugh does not close the case. In theory, it is not beyond the scope of legal recompense for Kavanaugh's confirmation to be revoked and Garland to be placed in the queue ahead of him.

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Veteran, retired from several occupations (school teacher, technical writer, energy conservation business, etc.) long-time Sierra Club member

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