When Senates Said No

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


Speaking of Akhil Reed Amar, he’s got an op-ed in the Washington Post today about confirming judicial nominees that’s got this little bit:

In the give and take between the president and the Senate, the executive has the upper hand. Though the document speaks of senatorial “advice,” only the president makes actual nominations, and once this happens, it is hard for the Senate to say no.

Well, that’s more true than not in the aggregate—although throughout history, about 20 percent of all presidential picks for the Supreme Court have not been confirmed—but it brings to mind the mother of all Senatorial denials. In 1866 when Justice John Catron retired, and then the next year when Justice James Moore Wayne retired, the Radical Republicans in the Senate simply abolished those seats rather than let Andrew Johnson nominate anyone else. Fun times. It’s also a healthy reminder that no matter how vicious the battle over Sandra Day O’Connor’s replacement may get, there’s been far, far worse in the past.

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate