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WAPO Fact Checker: Claims that Senate is Shirking a “Constitutional Duty” on Merrick “Mostly False”

Friday, April 1, 2016

WAPO Fact Checker: Claims that Senate is Shirking a “Constitutional Duty” on Merrick “Mostly False”

Probably one of the earliest lessons most people learn in life is, “What’s good for the goose is good for the gander.” Nobody likes a hypocrite, and when you apply a standard to someone else, don’t expect much sympathy when that same standard gets applied to you.

Take Judge Merrick Garland, Barack Obama’s pick to replace Justice Scalia on the U.S. Supreme Court. We’ve heard a lot recently from the president’s cheerleaders about who Judge Garland is.

Judge Garland was willing to defer to the government on how long it could keep firearm purchaser information from NICS background checks on file, because even though the law states it has to be “destroyed,” it did not specify when. “To begin with,” according to the opinion in NRA v. Reno that Judge Garland joined, the law “does not say ‘destroy immediately’; it says only ‘destroy.’” In other words, the mere existence of a duty does not imply any necessary timeline for that duty. Or so Judge Garland himself obviously believes.

So it’s amusing to see so many Merrick Garland boosters now faulting the Senate for failing to take up his nomination, as if the senators are somehow violating a constitutional duty. The Constitution states the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the Supreme Court ….” The Senate is expected to provide “advice” and “consent” at some point. But the Constitution doesn’t say when.

That’s up to the Senate.

And this Senate is confronted with a president who has shown little else but disdain for any of its members who don’t come from his party or who don’t support his objectives. In the case of his gun control agenda, Obama even characterized the Senate’s failure to act as “shameful” and insisted they had “no coherent arguments as to why we didn't do this.” In President Obama’s view, no one can disagree with him on gun control in good faith. Now Obama and his surrogates act dumbfounded that his nomination of a judge with an established antigun record to replace the Supreme Court’s greatest Second Amendment champion could somehow provoke opposition.

Many have come to the conclusion that the Senate is well within its constitutional authority to let Merrick’s nomination lie until after the election. Commentators at the Washington Post, for example, have described how the prospects of a Senate delay are within constitutional limits. Even the Post’s Fact Checker had to give a “mostly false” rating of “three Pinocchios” to “Democrats claiming that Republicans have a ‘constitutional responsibility’ to at least hold hearings and a vote on a nominee.”

The nomination drama being played out before the nation is simply a result of the checks and balances purposely designed into the U.S. Constitution, combined with President Obama’s predictable choice to nominate an antigun judge to carry forward an agenda that was rejected by Congress. Obama ludicrously pretends that he is above the very politics he has used again and again to force Congress’ hand, and Obama’s adoring supporters, in their transparent way, play along as if that were true.

The ultimate check against Obama’s or any president’s pettiness and arrogance is you, the voter. This November, you will have chance to ratify the Senate’s stand against Obama’s antigun nominee and to ensure the next president will appoint judges who will protect, not undo, your Second Amendment rights.

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ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

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Monday, April 22, 2024

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On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

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“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

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Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

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Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

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Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

Thursday, April 18, 2024

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

After a nearly 24-hour marathon legislative session, the Maine House and Senate finally adjourned until "Veto Day" in the coming weeks. 

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.