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Justice Antonin Scalia, a prominent conservative figure, criticized any efforts to bypass the Senate’s duty of thoroughly examining nominees as dishonorable and fabricated.
Authored by Adam Liptak
Writing from the capital
Donald J. Trump, the incoming President, has made it clear that he greatly admires Justice Antonin Scalia, a prominent figure in conservative legal circles who passed away in 2016.
During his initial campaign, Mr. Trump expressed admiration for Justice Scalia, describing him as an exceptional individual and a highly intelligent member of the Supreme Court. He highlighted Justice Scalia’s strong commitment to upholding the Constitution throughout his career.
Mr. Trump promised to select judges who are similar to Justice Scalia in their judicial philosophy.
However, Mr. Trump deviated from Justice Scalia’s interpretation of the Constitution recently by suggesting the use of recess appointments to bypass the Senate’s responsibility to review and approve his nominees. This proposal would have likely concerned Justice Scalia.
This is not just a guess or assumption. Ten years ago, Justice Scalia predicted the current disagreement in a strongly-worded 15-minute speech given from the bench after a five-justice majority decided that numerous recess appointments made during congressional sessions were valid.
Mr. Trump expressed concern this month that without recess appointments, it would be difficult to confirm people for roles in a timely manner.
Justice Scalia stated in 2014 that there was not enough justification to avoid going through the Senate.
He expressed that it would be easier to govern if the president could select his desired individuals for specific positions without needing approval from senators. However, the main purpose of the Constitution is not only to ensure efficient government operation.
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