{"id":2125,"date":"2016-05-17T12:38:02","date_gmt":"2016-05-17T16:38:02","guid":{"rendered":"http:\/\/hunterword.com\/?p=2125"},"modified":"2017-12-30T17:04:11","modified_gmt":"2017-12-30T22:04:11","slug":"james-kelly-2","status":"publish","type":"post","link":"http:\/\/hunterword.com\/index.php\/james-kelly-2\/","title":{"rendered":"Final Arbiters of Our Laws"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" class=\"so-widget-image\" src=\"http:\/\/hunterword.com\/wp-content\/uploads\/2016\/03\/kellypubjpg-e1463758500966.jpg\" srcset=\"\" width=\"100\" height=\"133\" \/><\/p>\n<p><strong>Article by Senior Editor James Kelly, May 17, 2016<\/strong><br \/>\nPresident Obama&#8217;s nomination of Chief Judge Merrick Garland to the U.S. Supreme Court created the intense partisan fighting that political savvy students have become accustomed to.<\/p>\n<p>Yet, this urban campus on the Upper East Side of New York rarely experiences political partisan sparring because students with Republican bents \u2013 right, far right, extreme right, Donald Trump right \u2013 rarely identified themselves. They stay out of the limelight of campus political sparring.<\/p>\n<p>&nbsp;<\/p>\n<p><center><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-2144\" src=\"http:\/\/hunterword.com\/wp-content\/uploads\/2016\/05\/900pub-DSC_2418.jpg\" sizes=\"auto, (max-width: 900px) 100vw, 900px\" srcset=\"http:\/\/hunterword.com\/wp-content\/uploads\/2016\/05\/900pub-DSC_2418.jpg 900w, http:\/\/hunterword.com\/wp-content\/uploads\/2016\/05\/900pub-DSC_2418-300x121.jpg 300w, http:\/\/hunterword.com\/wp-content\/uploads\/2016\/05\/900pub-DSC_2418-768x311.jpg 768w\" alt=\"900pub-DSC_2418\" width=\"900\" height=\"364\" \/><\/center>&nbsp;<\/p>\n<p>In February, Associate Justice of the Supreme Court, Antonin Scalia,<a href=\"http:\/\/www.nytimes.com\/2016\/02\/14\/us\/antonin-scalia-death.html?_r=0\"> died in his sleep<\/a>. His death left eight remaining justices in the Supreme Court. Because he died during this\u00a0election year, there was a dispute between Republican senate leaders and President Obama over how his\u00a0successor should be appointed. On March 16, Obama nominated Chief Judge Merrick Garland to be the new Justice of the Supreme Court in place of Scalia.<\/p>\n<p>&nbsp;<\/p>\n<p><center><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-2133\" src=\"http:\/\/hunterword.com\/wp-content\/uploads\/2016\/05\/garland.jpg\" alt=\"garland\" width=\"400\" height=\"377\" \/><\/center>The next day, Obama engaged in\u00a0a <a href=\"https:\/\/www.whitehouse.gov\/the-press-office\/2016\/03\/16\/remarks-president-announcing-judge-merrick-garland-his-nominee-supreme\">conference call with his stakeholders<\/a>, those\u00a0invested in his policies, to not only explain his reasons for nominating Garland as Scalia\u2019s successor but also to invite support for his nomination in the face of Republican leaders challenging\u00a0his right to make that nomination.<\/p>\n<p>Early in his comments, Obama said Garland would be his third nominee after Sonia Sotomayer in 2009, and Elena Kagan in 2010. He emphasized the importance of having to choose the men and women to be the \u201cfinal arbiters of our laws.\u201d He stated that making the decision forced his considerations to \u201crise above short-term politics\u201d and to think about \u201chow does our democracy work.\u201d<\/p>\n<p>Obama then explained that it was a \u201cpretty much universal opinion\u201d that Garland was \u201cas well-qualified as anybody who\u2019s ever been nominated to the Supreme Court.\u201d Obama spoke of the \u201cspirit of decency and modesty and integrity and even-handedness\u201d Garland brings to his work. The president also praised the \u201cenormous compassion\u201d Garland showed as a prosecutor and leading investigator of the <a href=\"https:\/\/www.fbi.gov\/about-us\/history\/famous-cases\/oklahoma-city-bombing\" target=\"_blank\" rel=\"noopener\">1995 Oklahoma City bombing<\/a>, toward those who had been impacted.<\/p>\n<h3 style=\"text-align: center;\"><a href=\"http:\/\/hunterword.campusave.com\/\" target=\"_blank\" rel=\"noopener\">WORD Classifieds<\/a><\/h3>\n<p>According to Obama, Garland has been praised by both Republicans and Democrats alike. Garland was originally confirmed as a Chief Judge in the Washington D.C. circuit, majorities from both Republicans and Democrats supported him, Obama said. Said the President,\u00a0quoting Republican Senator Orrin Hatch, Chairman of the Judiciary Committee, \u201cI would like to see one person come to this floor and say one reason why Merrick Garland does not deserve this position.\u201d Obama also said that he \u201ccouldn\u2019t agree more.\u201d<\/p>\n<p>His job, he said, was to \u201c nominate candidates to the Supreme Court\u201d and that by nominating Garland, he had fulfilled his constitutional duty and that he expected the senate to do its job of giving his nomination a \u201ctimely hearing, and an up or down vote.\u201d<\/p>\n<p>&nbsp;<\/p>\n<p><center><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-1811 aligncenter\" src=\"http:\/\/hunterword.com\/wp-content\/uploads\/2016\/04\/obama500w-245x300.jpg\" sizes=\"auto, (max-width: 245px) 100vw, 245px\" srcset=\"http:\/\/hunterword.com\/wp-content\/uploads\/2016\/04\/obama500w-245x300.jpg 245w, http:\/\/hunterword.com\/wp-content\/uploads\/2016\/04\/obama500w.jpg 500w\" alt=\"obama500w\" width=\"245\" height=\"300\" \/><\/center><br \/>\nObama then called on his audience for help to support him in his nomination so that his Republican opponents will have to carry out their constitutional duties. He said that Republican leaders have challenged his nomination by saying \u201cthe American people should have a say.\u201d Obama, however, asserted that the American people did have a say \u201cback in 2012 when they elected me President,\u201d and that when they did elect him President, they didn\u2019t exclude his last 300 days in office from his duties.<\/p>\n<p>In his statement Obama called on, not only his supporters, but the American people, to \u201cremind senators that they have a job to do.\u201d He said that Senators who are trying to obstruct the constitutional process of seating a Supreme Court Justice need to be reminded that the Supreme should be held above partisan politics, \u201cand that the Court should be operating at full capacity to help the American people\u201d<\/p>\n<p>Obama listed the importance of having somebody with \u201cunimpeachable credentials\u201d like Garland seated in the Supreme Court. He said that the Court needs a fifth justice to weigh in on issues such as voting rights, freedom of speech, immigration, the environment, and issues of workplace safety. The idea that his Republican opponents would think to suspend the processes of deciding laws for these issues because it\u2019s an election year is, Obama said, \u201cnot in the constitution and it\u2019s not been our tradition.\u201d<\/p>\n<p>The President said that the point of his statement was to ask that the Senate acts fairly \u201cin dealing with an outstanding individual who deserves to be on the Supreme Court.\u201d He said that being fair was something that \u201cwe all learned in kindergarten,\u201d and that, he thinks, the American people understand being fair should apply \u201cto how we make sure that our democracy and our judicial system work.\u201d<\/p>\n<p>He urged his supporters to let senators know that the seating of a Supreme Court Justice is something to be taken seriously. \u201cIt goes beyond just the typical partisan disagreements,\u201d Obama said, \u201cthis has to do with the integrity of our system of government.\u201d Obama concluded by saying it was something he cared highly about and that he was \u201cgoing to make sure to fight for the remainder of my term as President.\u201d<\/p>\n<p>In his statement, President Obama has displayed not only a legitimate concern for the court system of the country, but also an effort to nominate a Supreme Court Justice that both Republicans and Democrats can agree would be the best candidate. While many politicians may be accused of pushing policies to back their own agendas, Obama\u2019s statement and actions can be seen as evidence that he genuinely cares about being fair in his decision making, especially in regards to the future of the country.<\/p>\n<p style=\"text-align: center;\"><strong>WORD Reporters&#8217; Opinions<\/strong><\/p>\n<p>I&#8217;ve included the opinions of four other WORD reporters about Obama\u2019s statement: Kara Paternostro, Julia Beach, Chastity Fernandes and Michael Wei.<\/p>\n<p>Paternostro said that, although she had \u201cno dedicated left or right political learning,\u201d she still respected Obama\u2019s decision. Paternostro said that it is the President\u2019s job to select a nominee and that it\u2019s the job of the Senate Judiciary Committee to conduct hearings as soon as possible. \u201cJust because his term is ending,\u201d said Paternostro, \u201cdoesn\u2019t mean he should cease fulfilling his obligations as president.\u201d<\/p>\n<p>Beach was direct. She said that Obama has \u201cproved once again,\u201d that he can be depended on and that he is \u201ca leader intent to uphold the Constitution and fulfill his duties while still in office.\u201d Beach said that Obama\u2019s nomination was met with partisan backlash from the Republican controlled U.S. Senate, which, according to Beach, \u201chas done their best to interdict almost all of the President\u2019s plans during his time in office.\u201d<\/p>\n<p>Beach said that President Obama has done an \u201cincredible job in office.\u201d Beach said that Obama will be \u201cremembered positively in history\u201d for his efforts towards improving social welfare, such as Obamacare and the legalization of gay marriage. Even though Beach admitted she was not \u201cignoring that [Obama] did not follow through on many promises that he made after he was elected,\u201d she still said that Obama\u2019s willingness to negotiate with congress \u201cis a testament to his strength and humility as Commander-in-Chief.\u201d<\/p>\n<p>Beach said that \u201cit is clear that Garland is an admirable choice\u201d to be seated in the Supreme Court. In his last year as President, according to Beach, Obama exhibited increasing strength as \u201cthe fearless leader this country needs.\u201d Now, Beach said, he is trying his best to do his job \u201cuntil it is no longer his.\u201d Beach said that America deserves a President \u201cwho never stops working to accomplish our collective goals.\u201d<\/p>\n<p>According to Beach, that tenacity is the trademark of a truly great president. \u201cI believe Obama has done that,\u201d Beach said.<\/p>\n<p>Fernandes said that she agreed with Obama and that, even though he is nearing the end of his term, \u201chis right to nominate a Supreme Court Justice is just as valid as the day he entered office.\u201d However, Fernandes admitted that she didn\u2019t know enough about Merrick Garland to openly agree with Obama\u2019s nomination. \u201cObama spoke very highly about [Garland\u2019s] character,\u201d Fernandes said, \u201cbut I don\u2019t know as much as I would like about his achievements and what he\u2019s done to differentiate himself.\u201d<\/p>\n<p>Fernandes said that the comments Obama made in his statement were obviously made in a \u201cspectacle caused by partisan politics.\u201d Fernandes said that because Republican leaders said they will not hold nomination hearings until after the next president is elected, Americans will have to wait and continue waiting for the next president to get settled for a new Supreme Court Justice to be seated. Fernandes said that the point of Obama\u2019s statement was to \u201creach out to the news media and public,\u201d to ask for their support of his nomination.<\/p>\n<p>&#8220;Chief Judge Merrick,&#8221; said Michael Mei who supported the appointment, &#8220;did a good job in the past as a prosecutor and has been praised by both Republicans and the Democrats&#8221; and that, I&#8221;t is &#8220;President Obama\u2019s duty to nominate candidates to the Supreme Court and it\u2019s the Senate\u2019s job to confirm the nominees. Obama said that the American people deserve this because it is important for all the branches of government to protect people living in America. The Court needs an additional justice to be able to weigh in important issues of American citizens such as voting rights, freedom of speech, issues of immigration and issues of the environment.<\/p>\n<p>&#8220;I believe that Obama\u2019s decision to nominate Chief Judge Merrick is a good because he has the credentials and is universally liked.&#8221;<\/p>\n<p>On May 6, the <a href=\"https:\/\/lawyerscommittee.org\" target=\"_blank\" rel=\"noopener\">Lawyer\u2019s Committee for Civil Rights Under Law<\/a> released a report\u00a0 signed by more than 150 attorneys from all over the United States urging the Senate to commence its hearings of Garland.<\/p>\n<p>The report states that the Senate should \u201cfulfill its constitutional role and grant Judge Garland fair consideration and a full Senate vote.\u201d The report strengthens its argument against Senate by saying that the stalemate at the Supreme Court, without Garland, is impairing \u201cthe Court\u2019s ability to resolve some of the most significant civil rights cases and controversies that routinely come before the Court.\u201d<\/p>\n<p>Kristen Clarke, Lawyer\u2019s Committee President and Executive Director, said that the Supreme Court\u2019s ability to effectively resolve these cases and controversies \u201cis undermined when elected officials use politics as a reason to prolong the vacancy created in the wake of Justice Scalia\u2019s death.\u201d Clarke spoke for the Lawyer\u2019s Committee when she said that Garland \u201cpossesses the exceptional competence necessary to serve on court,\u201d and she urged the Senate to commence its hearings so that the public may \u201clearn more about his commitment to fair interpretation of civil rights laws.\u201d<\/p>\n<p>Yet, despite Garland\u2019s impeccable qualities, the support of 150 lawyers across the country, and Obama\u2019s constitutional right as president to make a nomination to the Supreme Court, Senate yes still not fulfilled their duties of commencing a hearing for the seat.<\/p>\n<p><em>Senior Editor James Kelly can be reached at James.kelly41@myhunter.cuny.edu<\/em><\/p>\n<p>&nbsp;<\/p>\n<p><center><a href=\"http:\/\/hunterword.campusave.com\/\" target=\"_blank\" rel=\"noopener\">WORD Classifieds<\/a><\/center>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Article by James Kelly<br \/>\nPresident Obama&#8217;s nomination of Chief Judge Merrick Garland to the U.S. Supreme Court created the intense partisan fighting that political savvy students have become accustomed to.<\/p>\n<p class=\"more-link-p\"><a class=\"more-link\" href=\"http:\/\/hunterword.com\/index.php\/james-kelly-2\/\">Read more &rarr;<\/a><\/p>\n","protected":false},"author":2,"featured_media":2133,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[160,71,161,72],"class_list":["post-2125","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-archives","tag-antonin-scalia","tag-chief-judge-merrick-garland","tag-the-lawyers-guild","tag-u-s-supreme-court"],"_links":{"self":[{"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/posts\/2125","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/comments?post=2125"}],"version-history":[{"count":36,"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/posts\/2125\/revisions"}],"predecessor-version":[{"id":8400,"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/posts\/2125\/revisions\/8400"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/media\/2133"}],"wp:attachment":[{"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/media?parent=2125"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/categories?post=2125"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/hunterword.com\/index.php\/wp-json\/wp\/v2\/tags?post=2125"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}