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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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Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

News  

Monday, March 16, 2026

Michigan Red Flag Report Sheds Light on Confiscation Orders in Practice

This month, Michigan’s judicial branch published the 2025 edition of its annual report on the state’s Extreme Risk Protection Order Act (red flag gun confiscation order statute). 

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

News  

Monday, March 16, 2026

Canada Spending $25K+ per Gun Confiscated from Non-Criminals; 0 Lives Saved

More proof (as if any was needed) has emerged that the Canadian gun ban and confiscation is a massive administrative, practical and economic debacle.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

News  

Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

Minnesota: Onslaught of Gun Control Bills Scheduled for Friday

Wednesday, March 11, 2026

Minnesota: Onslaught of Gun Control Bills Scheduled for Friday

On Friday, March 13th, the Senate Judiciary and Public Safety Committee will hold a hearing on the gun grabbers wish list, including semi-automatic bans, magazine capacity limits, and concealed carry restrictions. Please contact members of ...

Colorado: "FFL-Killer" Bill in House Committee on Monday

Friday, March 13, 2026

Colorado: "FFL-Killer" Bill in House Committee on Monday

On Monday, March 16th, the House State, Civic, Military, & Veterans Affairs Committee will hold a hearing on Senate Bill 26-043, the FFL-Killer bill.

California: Public Safety Committees Set to Hear Multiple Firearm Bills

Tuesday, March 10, 2026

California: Public Safety Committees Set to Hear Multiple Firearm Bills

On Tuesday, March 17th at 8:30 AM, the Assembly Committee on Public Safety will hear Assembly Bill 1753 pertaining to gun violence restraining orders and Assembly Bill 1948, extending the validity concealed carry permit. Additionally ...

West Virginia: House Passes Constitutional Carry Expansion Bill as Legislature Adjourns

Sunday, March 15, 2026

West Virginia: House Passes Constitutional Carry Expansion Bill as Legislature Adjourns

On Saturday, March 14th, the West Virginia Legislature adjourned sine die from the 2026 legislative session.

Tennessee: Senate Floor Vote Tomorrow

Wednesday, March 11, 2026

Tennessee: Senate Floor Vote Tomorrow

On Thursday, March 12th, the Senate is expected to vote on SB 3050, protecting tenants Second Amendment rights. Please contact your Senator and urge them to SUPPORT SB 3050 by using the TAKE ACTION button below.

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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.