Following Justice Scalia’s untimely passing, Republicans in the Senate acted against the Constitution and vowed to block any appointment until the next presidential term by never holding a single hearing.
The American people deserve to see the law have its way, and trust in its stability to rise above petty politics. The President should be able to nominate during any day of his term, and the Senate should advise and consent to those nominations. Anything short of this is a dereliction of duty, and the President should seek to compel the Senate to vote on his nominees. 28 U.S.C. § 1361 gives the district courts jurisdiction on writs of mandamus to compel an officer of the U.S. to perform his/her duties. The President should consider seeking a writ of mandamus.