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The Supreme Court Nomination circus has begun. With the recent announcements of Justice Breyer’s upcoming retirement, we have all of the discussion and debate about who the President should nominate to the bench. This is only the opening act, as we will soon have the clowns picking apart the qualifications and history of whomever the President nominates. And don’t forget the juggling of hypocrisies that will take place during the confirmation hearings. Frequently lost in the three-ring circus that such a nomination has become is the actual role both the President and the Senate have in appointing a new justice, not to mention the standards that the nominee should be held to.
So today, let’s look at how a Supreme Court justice is to be appointed to office, and the standards by which the nominee should be held. We shall put aside current practices and traditions, and instead, look at the Constitution and the writing of its framers as our guide.
The Constitution Study with Paul Engel on America Out Loud Talk Radio can be heard weekdays at 4 PM ET. Listen on iHeart Radio, our world-class media player, or our free apps on Apple, Android, or Alexa. Listen to other episodes of The Constitution Study, available on podcast.