Supreme Court Nominations

Ginsburg thinks 'cooler heads will prevail' in Senate that refuses to vote on Garland nomination

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Justice Ruth Bader Ginsburg told Georgetown University law students on Wednesday that she hoped “cooler heads will prevail” in a Senate that has so far refused to vote on the Supreme Court nomination of Merrick Garland.

Ginsburg spoke in response to a student question about whether there is any “valid constitutional argument” that would prevent President Obama from filling the vacancy created by the death of Justice Antonin Scalia, report the Washington Post and the Associated Press.

“I do think cooler heads will prevail, I hope sooner rather than later,” Ginsburg said. “The president is elected for four years not three years, so the power he has in year three continues into year four.”

“Maybe members of the Senate will wake up and appreciate that that’s how it should be.”

But Ginsburg said there isn’t much that can be done if the Senate refuses to act. “Even if you could conceive of a testing lawsuit,” she said, “What would the response be? ‘Well, you want us to vote, so we’ll vote no.’ “

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