- Sep 14, 2011
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The Supreme Court Will Be a Disaster If a Justice Dies During a Republican Congress
By Jeffrey Rosen @rosenjeffrey
On Friday, New York magazine's Jon Chait argued that the media has "wildly overstated the legislative importance of Republican Senate control" while at the same time understating its judicial importance. As he put it, "The contest to control the Senate is about one thing: whether Obama can confirm judges and staff his administration." A GOP Senate would spell "two years of likely gridlock," and "if a Supreme Court justice becomes incapacitated or dies, the judicial gridlock could become a Constitutional struggle."
Chait is absolutely right—and the possibility of a constitutional crisis is all the dramatic because there's no modern precedent for it.
More at the link.
By Jeffrey Rosen @rosenjeffrey
On Friday, New York magazine's Jon Chait argued that the media has "wildly overstated the legislative importance of Republican Senate control" while at the same time understating its judicial importance. As he put it, "The contest to control the Senate is about one thing: whether Obama can confirm judges and staff his administration." A GOP Senate would spell "two years of likely gridlock," and "if a Supreme Court justice becomes incapacitated or dies, the judicial gridlock could become a Constitutional struggle."
Chait is absolutely right—and the possibility of a constitutional crisis is all the dramatic because there's no modern precedent for it.
More at the link.