US Supreme Court by Long Island Attorney Paul A. Lauto, Esq.
The nomination and confirmation of a United States Supreme Court (USSC) Justice is perhaps one of the most important duties of a sitting President and our Senate. USSC Justices potentially remain on the high court 30 years plus and therefore may have a long lasting and wide effect on our country's law. Most recently President Trump nominated Judge Brett Kavanaugh, who is the second of potentially three or four nominations during Trump's tenure. Republicans are salivating over this latest selection and Democrats are crying foul. This is the onset of yet another political battle that will undoubtedly add to the deterioration of the confirmation process.
In theory, Judges or other qualified candidates, are to be nominated and confirmed to the USSC based upon the merits. However, today the process has become nothing more than a product of political control and bias. Once the President nominates someone for the USSC, that person undergoes an arduous confirmation process. Subsequent to background checks and personal interviews with members of the Senate, the Senate Judiciary Committee holds hearings where the nominee is questioned ad nauseam about seemingly anything and everything. Upon conclusion of these hearings, the Senate Judiciary Committee votes on whether or not the nomination should go to the full Senate with a positive, negative or neutral report. The nominee may then be confirmed by the Senate if receiving the majority vote.
Although Senate rejection of the nominee is not commonplace, it has occurred a significant amount of times with the most recent being Robert Bork in 1987. Confirmation, in theory, is predicated on a nominee's qualifications and ability to render decisions objectively and faithfully in support of our Constitution without personal bias. Unfortunately, today the confirmation process has degraded to the point where Senators vote yes or no predominantly based upon political affiliations and beliefs instead of qualifications. Case and point is how recently many Senators professed their support or opposition BEFORE a nomination was even made.
The Judiciary branch of government, like the Executive and Legislative branches, is ostensibly infected with the viral bilateral politicization that is currently sweeping our nation like never before. Many claim that this is further proof that the two party system has failed and must be eliminated to effectuate a cure. Whether or not Judge Kavanaugh is confirmed by the Senate, it seems that both the Democrats and Republicans have unclean hands. Politics may not be the world's oldest profession, but it now appears to have become the dirtiest.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
The nomination and confirmation of a United States Supreme Court (USSC) Justice is perhaps one of the most important duties of a sitting President and our Senate. USSC Justices potentially remain on the high court 30 years plus and therefore may have a long lasting and wide effect on our country's law. Most recently President Trump nominated Judge Brett Kavanaugh, who is the second of potentially three or four nominations during Trump's tenure. Republicans are salivating over this latest selection and Democrats are crying foul. This is the onset of yet another political battle that will undoubtedly add to the deterioration of the confirmation process.
In theory, Judges or other qualified candidates, are to be nominated and confirmed to the USSC based upon the merits. However, today the process has become nothing more than a product of political control and bias. Once the President nominates someone for the USSC, that person undergoes an arduous confirmation process. Subsequent to background checks and personal interviews with members of the Senate, the Senate Judiciary Committee holds hearings where the nominee is questioned ad nauseam about seemingly anything and everything. Upon conclusion of these hearings, the Senate Judiciary Committee votes on whether or not the nomination should go to the full Senate with a positive, negative or neutral report. The nominee may then be confirmed by the Senate if receiving the majority vote.
Although Senate rejection of the nominee is not commonplace, it has occurred a significant amount of times with the most recent being Robert Bork in 1987. Confirmation, in theory, is predicated on a nominee's qualifications and ability to render decisions objectively and faithfully in support of our Constitution without personal bias. Unfortunately, today the confirmation process has degraded to the point where Senators vote yes or no predominantly based upon political affiliations and beliefs instead of qualifications. Case and point is how recently many Senators professed their support or opposition BEFORE a nomination was even made.
The Judiciary branch of government, like the Executive and Legislative branches, is ostensibly infected with the viral bilateral politicization that is currently sweeping our nation like never before. Many claim that this is further proof that the two party system has failed and must be eliminated to effectuate a cure. Whether or not Judge Kavanaugh is confirmed by the Senate, it seems that both the Democrats and Republicans have unclean hands. Politics may not be the world's oldest profession, but it now appears to have become the dirtiest.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
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