Seth Barrett Tillman:
Finally, I make this last point with some trepidation. It will strike some as ad hominem. But it is not meant to be so. It is put forward only to clarify the issues. The position that a President has a duty to put forward a Supreme Court nominee is narrowly elitist and overtly judicial-centric. Nothing distinguishes the President in his role here in regard to nominating Supreme Court nominees from (1) his role in regard to nominating other judicial nominees and (2) his coordinate role in regard to nominating persons for any and every other office (however humble) within the President’s orbit. If the President fails to nominate a person to one of these less prominent offices who would say that the President failed in his constitutional duty? I think few, and perhaps no commentators would make such an argument. And if you will not make that argument for each and every one of the less prominent positions subject to presidential nomination, I think there is no good reasoned basis for making it for Supreme Court vacancies—except that the great & good all think the Supreme Court was, is, and must be the center of our attention and political life. In other words, this Supreme Court-centered view is exactly the position that AS fought tooth-and-nail. He was right to do so.
[Note: “AS” = the late Antonin Scalia.]