It's really very simple. As Toby Ziegler once said, let's consult the owner's manual.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. (Article II, Section 2).

OK, so here's the thing. The president has every right—and the constitutional duty—to appoint anyone he damn well pleases to the Supreme Court. The Senate has every right to give that person a hearing before the relevant committee, which can then vote for or against recommending his nomination to the full Senate, which can vote him up or down. Or, as seems likely today, the president can nominate anyone he damn well pleases and the Senate can do absolutely nothing. There is nothing in the Constitution that says the Senate must move a president's nomination. It just says he can't get his nominee confirmed without the advice and consent of a majority of the Senate. And that, folks, is where she stands.

But, see, the thing is, if the Senate chooses to freeze the process, the individual members of the Senate—and, in particular, the leaders of the Senate majority—have to be willing to stand the political consequences of their actions. And this is where the essential chickenshit making up Mitch McConnell comes into play. They want to stall the nomination, but they also don't want to get blamed for doing it. This is why all this nonsense is being thrown up in the air about "lame-duck presidents," and "not for 80 years," and "the American people should choose." There is no constitutional basis for any of that bafflegab. It's spin masquerading as principle, and it's beneath the dignity even of this Senate. And any reporter who falls for it deserves the scorn of the profession.

Charles P. Pierce Charles P Pierce is the author of four books, most recently Idiot America, and has been a working journalist since 1976.

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