To Grassley: Justice delayed is justice denied

I am profoundly disappointed by Sen. Chuck Grassley’s obstinate refusal to conduct a Senate Judiciary Committee hearing on the nomination of Chief Judge Merrick Garland.

Sen. Grassley has often cited his allegiance to strict construction of the U.S. Constitution, however now he has chosen not to abide by the clear mandate requiring the Senate to “advise and consent” on presidential appointments to the Supreme Court. To advise, of course, does not require consent.

Moreover, to wait until beyond the inauguration will cause a vacancy to continue for more than a year. In the meantime, Supreme Court cases resulting in four-to-four decisions will neither resolve with finality the issues on appeal nor provide a precedent. Other cases with controversial issues may be postponed for oral arguments until the appointment of a ninth justice is confirmed. Either of the foregoing is an injustice for the parties to such cases.

To quote a familiar maxim: “Justice delayed is justice denied.” My past experience of 55 years in the Iowa justice systems informs me of the critical need for fair, just and prompt resolution of appellate litigation.

Sen. Grassley’s recalcitrance appears to be grounded in the politics of the moment, in sacrifice of duty and principle — contrary to what I once believed to be the polestar of his senatorial actions.

— Robert G. Allbee, West Des Moines, Iowa Supreme Court justice 1978-1982