One of the things that citizens of this country are entitled to is a federal judiciary that meets the constitutional design laid out in 1789.
That includes a Supreme Court bench of nine justices. Sen. Ayotte’s blockage of the president’s court nominee, Merrick Garland, has now passed 100 days. Her Republican lockstep refusal to consider meaningfully the president’s nominee makes it abundantly clear she wants her party’s candidate, Donald Trump, to pick the next justice. Given Trump’s recent racist remarks against U.S. District Court Judge Gonzalo Curiel, Sen. Ayotte’s blocking effort can only be seen as unprecedented.
New Hampshire voters take pride in choosing senators who place constituents ahead of partisan agendas. Sen. Ayotte’s decision to support Trump’s bid for president clearly demonstrates her willingness to put her party before her constituency. Her adherence to Trump is especially concerning given his overtly racist and unfounded remarks about Judge Curiel – an experienced jurist who has served his country with distinction.
Trump has complained that Curiel, the Indiana born judge sitting on the Trump University case, shouldn’t be allowed to handle that case because he might not be fair given Trump’s promise to build a wall along the U.S.-Mexico border.
Trump’s remarks are as racist and baseless as they are stupid, and they should motivate all senators to support Judge Garland. But after 100 days of doing nothing, it’s clear Sen. Ayotte is blocking nominee Garland in order to let Trump pick one or more Supreme Court justices – handing over a critically important power to a prejudiced and uninformed demagogue.
The senator’s continued refusal to vote on Judge Garland’s nomination to the Supreme Court is a breach of her constitutional duty. Her voters and all American people deserve to have a full Supreme Court bench, just as they deserve to have a president they elected twice serve out his full term in office with all his constitutional duties and powers intact.
Sen. Ayotte must now fulfill her oath of office, support the Constitution, and not continue to follow the stratagems of her party and its candidate. Her continuing effort to let Trump pick the nominee is both irresponsible and dangerous, and it is tearing at the fabric that holds our judicial system together.
(Jean K. Burling of Cornish is a retired judge of the New Hampshire Superior Court.)