Explore The NRA Universe Of Websites

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.

TRENDING NOW
Report: House of Representatives to Vote on Two Gun Control Bills!

News  

Tuesday, March 2, 2021

Report: House of Representatives to Vote on Two Gun Control Bills!

According to reports from Capitol Hill, the Democrat-controlled U.S. House of Representatives plans to vote on two gun control bills as early as next week. The first bill, so-called “universal” background check legislation, would criminalize ...

H.R. 127 – A Bill Designed to Express Hostility Toward Law-Abiding Gun Owners

News  

Thursday, February 11, 2021

H.R. 127 – A Bill Designed to Express Hostility Toward Law-Abiding Gun Owners

All gun control bills share the same basic goal: a world in which fewer people own firearms. Some bills simply ban certain types of firearms or ammunition outright. Others place obstacles in the path of ...

March for Our Lives Issues Biden His Marching Orders

News  

Monday, March 1, 2021

March for Our Lives Issues Biden His Marching Orders

It’s widely understood that the current occupants of the White House, the Biden-Harris Administration, have positioned themselves as the most anti-gun team this country has ever seen on Pennsylvania Avenue. Leading up to the 2020 ...

Friday, February 5, 2021

Florida Alert! H.R. 127 - Federal Gun Control Proposal

Much is being said about H.R. 127 By Shelia Jackson Lee (D-TX) 117th Congress and we have had many folks contacting us seeking information. 

Second Amendment Skeptic Merrick Garland Moves Closer to Confirmation as U.S. Attorney General

News  

Monday, March 1, 2021

Second Amendment Skeptic Merrick Garland Moves Closer to Confirmation as U.S. Attorney General

This week, hearings were held on the nomination of Merrick Garland for U.S. attorney general, with a final vote on confirmation expected to come next week. The prospect for gun owners is that the nation’s ...

Biden Begins Gun Control Push

News  

Tuesday, February 16, 2021

Biden Begins Gun Control Push

On Sunday, President Biden used the three-year anniversary of the criminal attack in Parkland, Florida to call “on Congress to enact commonsense gun law reforms, including requiring background checks on all gun sales, banning assault weapons ...

Tennessee: Pro-Gun Constitutional Carry Legislation Advances in Both Chambers – Faces Backlash from Fringe Fundraising Groups

Wednesday, March 3, 2021

Tennessee: Pro-Gun Constitutional Carry Legislation Advances in Both Chambers – Faces Backlash from Fringe Fundraising Groups

Today, House Bill 786 passed out of the House Criminal Justice Subcommittee, and now heads to the full committee.  Last night, the Senate Judiciary Committee approved NRA-backed Constitutional Carry legislation, Senate Bill 765, sending the measure to the ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Connecticut: Firearm Seizure Bill Set for Committee Hearing

Thursday, March 4, 2021

Connecticut: Firearm Seizure Bill Set for Committee Hearing

Tomorrow, March 5, at 10:00 AM, the Connecticut Judiciary Committee will hold a public hearing on House Bill 6355, which will take away the constitutional rights of individuals, without adequate due process.

Ohio: House Committee Hearing “Duty to Inform” Bill

Tuesday, March 2, 2021

Ohio: House Committee Hearing “Duty to Inform” Bill

Tomorrow, the House State and Local Government Committee is hearing House Bill 89 to amend Ohio’s “duty to inform” law.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.