On the Senate’s Purported Constitutional Duty to Meaningfully Consider Presidential Nominees to the Supreme Court of the United States: A Response to Chief Judge Peter J. Eckerstrom

21 U. Pa. J. Const. L. 881-890 (2019), 21(3) U. Pa. J. Const. L. Online 1-11 (2019)

10 Pages Posted: 7 Jan 2019 Last revised: 18 Apr 2019

See all articles by Seth Barrett Tillman

Seth Barrett Tillman

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law

Date Written: December 14, 2018

Abstract

In a recent issue of the University of Pennsylvania Journal of Constitutional Law, Chief Judge Peter J. Eckerstrom defended the view that the United States Senate has a constitutional duty, arising under the Appointments Clause, to meaningfully consider presidential nominees to the Supreme Court of the United States. He characterizes such Senate consideration as “obligatory,” “mandatory,” and an “affirmative constitutional duty” as opposed to merely aspirational or directory. Broadly, speaking he puts forward three primary types of arguments or evidence in support of his position: textual; purposive analysis; and, historical materials from ratification. Rather than critique Eckerstrom’s three modalities for understanding the Appointments Clause, I point out what Eckerstrom’s analysis lacks — a developed discussion of extant case law addressing this issue.

Suggested Citation

Tillman, Seth Barrett, On the Senate’s Purported Constitutional Duty to Meaningfully Consider Presidential Nominees to the Supreme Court of the United States: A Response to Chief Judge Peter J. Eckerstrom (December 14, 2018). 21 U. Pa. J. Const. L. 881-890 (2019), 21(3) U. Pa. J. Const. L. Online 1-11 (2019) . Available at SSRN: https://ssrn.com/abstract=3301323

Seth Barrett Tillman (Contact Author)

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law ( email )

Ollscoil na hÉireann, Má Nuad
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Maynooth, County Kildare
Ireland
(353) (0) 1474-7216 (Phone)

HOME PAGE: http://law.nuim.ie/staff/mr-seth-barrett-tillman

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