Feb 14, 2017
The Appointments Clause, by creating a joint presidential-senatorial role in the confirmation process, preserves judicial independence and the apolitical nature of the judiciary while simultaneously promoting the requisite qualifications in those nominated and confirmed. It does so by avoiding strict executive or legislative control over who is appointed to serve on the federal bench. When viewed from this perspective, Merkley’s accusation that Senate Republicans stole a Supreme Court seat from President Obama is preposterous.
