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Latest comment: 10 months ago1 comment1 person in discussion
The source cited (The Garland Affair) to support the claim that intentional Senate stalling was “unprecedented” appears to rely on a narrow definition of relevant cases. Specifically, it counts only instances where the Senate refused to act and the nomination remained pending until it was handed down to the next President.
This approach is methodologically incomplete, as it does not consider cases in which a President withdrew a nomination after the Senate had clearly signaled it would not act (e.g., through a filibuster or failed cloture). From an institutional perspective, a presidential withdrawal following declared Senate obstruction is not materially different from a nomination expiring due to inaction; the difference lies in the executive response, not the Senate’s conduct.
There are historical examples of this dynamic, including the Fortas nomination during the Johnson administration, where a promised filibuster and failed cloture vote preceded the withdrawal of the nomination close to an election. Excluding such cases overstates the claim of unprecedented Senate behavior.
