Senators, do your job on court pick or don't get paid

By Gary Frisch

Senate Republicans have declared that they will not hold hearings on any nomination to the Supreme Court by President Obama. Fine, then let's dock their pay. Because if they fail to do a part of the job they've been elected to do, then they shouldn't be compensated.

Senate Majority Leader Mitch McConnell (R., Ky.) appears to be the flag-bearer of this absurd, petty movement, arguing that Americans should have a voice, via the coming presidential election, in the selection of the next Supreme Court justice. So let's start by withholding a portion of his salary. Heck, let's revoke his use of the congressional health club while we're at it. Because his statement is that bad, that disingenuous, that oblivious to the Constitution of the United States.

As Sen. Elizabeth Warren (D., Mass.) put it in her brilliant response, "McConnell is right that Americans should have a voice in selecting the next Supreme Court justice. In fact, they did - when President Obama won the 2012 election by five million votes."

The GOP's call to delay any confirmation hearing isn't just a dereliction of duty; it also shows incredible hubris. The implied message is, "We will choose the next [conservative] justice after we gain the White House." Oh, what crow McConnell and other Republicans will dine on should Hillary Clinton win the election.

For Obama to submit to these antics and defer his nomination, on the other hand, would be a dereliction of his duty as president. He has earned major points in my view by promising to proceed despite any misguided blockage by the majority in the Senate.

Let's face it: The appointment of a justice isn't just a privilege of the office of the president. It is often seen as an opportunity to leave a legacy behind after his tenure ends.

The mere fact that a president has less than a year left in office shouldn't preclude a nomination from being made. Just the opposite. If the opportunity to replace a justice arises, a nomination should be an urgent matter. Obama can and should fulfill his responsibility.

He can improve his odds of success - or his chances of exposing Senate Republicans as hypocrites - by choosing someone with an impeccable record and broad appeal. Maybe Sri Srinivasan, a judge of the U.S. Court of Appeals for the District of Columbia, who was approved by a 97-0 vote in the Senate just three years ago. He even received strong support from McConnell himself.

As Warren said, "Senate Republicans took an oath just like Senate Democrats did. Abandoning the duties they swore to uphold would threaten both the Constitution and our democracy itself."

Abandoning your duties, let alone threatening the Constitution, isn't a formula for success in a democracy. In fact, I plan to find out how each of my representatives feels about this issue and whether or not they support boycotting a nomination hearing. In the cases of those who do, I will exercise my right as a citizen to help ensure that they don't collect another government paycheck.

Gary Frisch is the founder and president of Swordfish Communications in Laurel Springs. gfrisch@swordfishcomm.com