Loretta Lynch

The saga of Loretta Lynch's nomination and confirmation as Attorney General, which should have been a happy moment for the country to witness the first black woman ascending to the post, instead became a sad, embarrassing display of partisanship and a perversion of the Constitution.

On April 27, Vice President Joe Biden swore in Loretta Lynch as the nation's 83rd Attorney General. President Barack Obama nominated Ms. Lynch, then serving her second stint as U.S. Attorney for the Eastern District of New York, on November 8, 2014. The U.S. Senate confirmed Ms. Lynch's nomination to the top law enforcement post in the country on April 23, no fewer than 166 days after she was nominated.

Some of the blame for the five-plus months of waiting foisted on now-Attorney General Lynch lies with Senate Democrats. When the President made his nomination for the post following then-Attorney General Eric Holder's retirement announcement, Democrats were still in control of the Senate. Then-Judiciary Committee Chairman Sen. Patrick Leahy of Vermont could have held a confirmation hearing, subsequent to which then-Majority Leader Sen. Harry Reid of Nevada could have brought her nomination up for a vote on the Senate floor. Instead, inexplicably, Senate Democrats opted to allow the incoming Republican majority to handle the confirmation process, a decision that proved to be regrettable.

New Judiciary Committee Chairman Sen. Chuck Grassley of Iowa stalled in holding Ms. Lynch's confirmation hearing. Afterward, as is widely known, new Majority Leader Sen. Mitch McConnell of Kentucky held the nomination hostage as a bargaining chip on a completely unrelated piece of legislation about human trafficking.

Article II, Section II of the United States Constitution provides, among other things, that the President appoint members of his/her cabinet with the advice and consent of the Senate. This tasks the Senate with evaluating the qualifications of cabinet nominees as a prerequisite to serving.

Loretta Lynch is one of the most qualified individuals ever to serve as Attorney General. She holds undergraduate and law degrees from Harvard and as U.S. Attorney for the Eastern District of New York, she prosecuted terrorists, mobsters and powerful politicians. Even the opponents of her confirmation in the Senate readily conceded that she was exceedingly qualified to be Attorney General. The opposition stemmed from Ms. Lynch's refusal to oppose the President's executive action on immigration.

This is not the meaning of advice and consent. Had there existed questions surrounding Ms. Lynch's qualifications, or had there been a history of shady dealings or abuse of public trust on her part, there would have been a legitimate basis for objection. Of course Ms. Lynch is going to agree with the President who nominated her on one of his key issues; he would not have nominated her otherwise.

The length of time between nomination and confirmation of Loretta Lynch was intolerable and shameful. Further, a nominee as deeply qualified as Loretta Lynch should never have attracted 43 "nay" votes. Senate Republicans, who claim so often to love the Constitution, must learn to conduct themselves appropriately as concerns the advice & consent provision therein.