Why pen and phone keep prevailing

Published February 24, 2021 5:04pm ET



Republican Sen. Ben Sasse of Nebraska raised the evergreen issue of presidential power with Merrick Garland, President Biden’s selection for attorney general, in his Monday confirmation hearing.

“Is congressional inaction a legitimate basis for Article 2 to decide it just must act because it wishes policy were different and legislation doesn’t move?” Sasse asked, continuing, “Therefore, you have a pen and a phone. Can you just act because Congress didn’t?”

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