ST Alpha - "Yale Law J article: Does the Senate's failure to act on an executive nomination constitute implied consent? -- (link)" (Reading a Post)

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Yale Law J article: Does the Senate's failure to act on an executive nomination constitute implied consent? -- (link)

Posted by pixie ninja (aka chris) Mar 29 '16, 16:00

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Heh (www.yalelawjournal.org)

Responses:

It actually makes a lot of sense, but I think only President Trump would be willing to test that theory. -- nm - pmb Mar 29, 16:04
"implied oral consent....*not* express written consent" -- nm - prayformojo Mar 29, 16:02 2
- It would set up a *fascinating* separation of powers case if Obama adopted this position with Garland's nomination - pixie ninja Mar 29, 16:06 1
  - Yes, but the court would likely come down 4-4. -- nm - pmb Mar 29, 16:08

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