When responding to Senate Republicans last week regarding their recommendation that the SCOTUS vacancy be put off until the next president assumes office, Obama, the Constitutional-Scholar-In-Chief, was sure to let us know last week that:
“Historically, this has not been viewed as a question,” Mr. Obama said last week. “There’s no unwritten law that says that it can only be done on off years — that’s not in the constitutional text.”
Of course, we all know that there is precedent for this; and while not specifically addressed in the Constitution as to not allowing it, it also doesn’t say it has to happen, either. [Read more…]