Charlie Geyh (Indiana-Bloomington) and I have an oped today in The National Law Journal about the Merrick Garland nomination. There is an un-paywalled version here.
Here is the gist of the piece:
But if the Senate Republicans won’t listen to Democrats — or even to the majority of Americans who want Garland to get a hearing — perhaps they will pay attention to the words of several Supreme Court justices, past and present, who have warned about the problems created by an eight-member court.
We then provide the past comments of Justices Roberts, Rehnquist, and Scalia on the undesirability of proceeding at less than full strength, even in a single case.