Explore The NRA Universe Of Websites

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.

TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Colorado: FOID Bill Heads to Governor's Desk, TAKE ACTION NOW!

Saturday, March 29, 2025

Colorado: FOID Bill Heads to Governor's Desk, TAKE ACTION NOW!

On Friday, March 28th, Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, passed the final vote on the Senate floor, concurring in the House amendments. 

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

News  

Monday, March 31, 2025

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

On March 26, in a 7-2 decision (with Justices Clarence Thomas and Samuel Alito dissenting), the United States Supreme Court upheld a Biden administration gun control rule on what constitutes a “firearm” under 18 U.S.C. ...

Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

Rhode Island:  Gun Owners Turn Out In Large Numbers To Oppose Semi-Auto Ban

Friday, March 28, 2025

Rhode Island:  Gun Owners Turn Out In Large Numbers To Oppose Semi-Auto Ban

The Statehouse was flooded with yellow as Ocean State gun owners turned out in massive numbers to oppose a sweeping gun ban. On Wednesday, the House Judiciary Committee held a lengthy hearing to consider H.5436, a ...

Washington: Gun Control Bills Passed Out of Committee

Friday, March 28, 2025

Washington: Gun Control Bills Passed Out of Committee

It has been a busy week in Washington, with two anti-gun bills being advanced out of their respective committees.

More Polish Citizens are Carrying Firearms for Self-Defense

News  

Monday, March 31, 2025

More Polish Citizens are Carrying Firearms for Self-Defense

Certain parts of the world—sadly, without any specifically recognized right to arms—have been moving closer to accepting the fact that firearms in the hands of law-abiding citizens is not the inherently dangerous concept promoted by ...

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

News  

Monday, March 31, 2025

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

The United States Supreme Court, in its landmark Bruen decision recognizing a right to carry in public for self-defense, did not foreclose shall-issue licensing as being consistent with the Second Amendment.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.