George Washington University Law Professor Jonathan Turley stated that while he thinks it would be good for the Senate to give a hearing to President Obama’s nominee to replace Justice Antonin Scalia, “There is no requirement for them to take up a nomination” on Tuesday’s “Hannity” on the Fox News Channel.
Turley said, [relevant remarks begin around 2:00] “[A]s Senator Obama, he participated in the filibuster of Justice Alito, and so, there’s a long history for this type of decision. It is certainly true that, when you’re given the power of advice and consent, you can also refuse consent. There is no requirement for them to take up a nomination. I happen to think it would be a good thing for them to give a hearing to this nominee, but I also believe that it would be important for President Obama to confirm that he’s not going the use a recess appointment. When he was asked that in his press conference, he didn’t actually say, ‘I won’t do a recess appointment.’ He just said my expectations are that they will hold hearings and give a vote.”
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