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You would have to go all the way back to 1888 for the last time an election-year nominee was confirmed under divided government, as we have now.

Liberals Told Senators ‘Do Your Job’ on Court Nominee. What the Constitution Says


By Heritage Foundation John G. Malcolm——--March 21, 2016

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Following President Barack Obama’s nomination of Chief Judge Merrick Garland of the D.C. Circuit to fill the vacancy left by sudden passing of Justice Antonin Scalia, there has been an intense clamor from the left for the Senate to “do your job!” By this, they mean that the Senate has a constitutional obligation to give Garland a hearing and an up-or-down vote, which Senate Republicans have announced they are not going to do. But is the Senate obligated under the Constitution to do so? The answer is clearly “no.” More...

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Heritage Foundation——

The Heritage Foundation is the nation’s most broadly supported public policy research institute, with more than 453,000 individual, foundation and corporate donors. Heritage, founded in February 1973,  mission is
to formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense.



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