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View Diary: Congressional, White House rift over conservative judicial nominees intensifies (45 comments)

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  •  The Senate provides "advice and consent" (7+ / 0-)

    and I've never seen a definition of "advice" that makes it binding.

    The president should get whatever advice he needs - certainly from the Senate as is their constitutional role, and from the ABA and from anyone else he wants advice from.

    Then he decides.  And he is free to accept or reject the advice he gets.

    Then the Senate deliberates - in committee and on the floor.  If a Senator doesn't like a candidate, he can say so and his opposition can inform the Senate's deliberation.

    Then the Senate votes and either grants or withholds consent.

    Nothing in this process gives a single Senator veto power over an appointee - and allowing it by "tradition" is wrong politically and wrong constitutionally.

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