File #: 16-3064    Version: 1 Name: REGARDING THE CONSTITUTIONAL DUTY OF THE UNITED STATES SENATE TO CONDUCT AN ADVICE AND CONSENT HEARING ON THE PRESIDENT’S NOMINATION OF JUDGE MERRICK GARLAND TO THE SUPREME COURT OF THE UNITED STATES
Type: Resolution Status: Approved
File created: 5/2/2016 In control: Board of Commissioners
On agenda: 5/11/2016 Final action: 5/11/2016
Title: PROPOSED RESOLUTION REGARDING THE CONSTITUTIONAL DUTY OF THE UNITED STATES SENATE TO CONDUCT AN ADVICE AND CONSENT HEARING ON THE PRESIDENT'S NOMINATION OF JUDGE MERRICK GARLAND TO THE SUPREME COURT OF THE UNITED STATES WHEREAS, the Supreme Court, in its capacity as the highest federal court in the United States, serves an essential function resolving critical questions of law that affect our community, our economy, and all citizens; and WHEREAS, the Constitution of the United States provides that the Senate shall provide Advice and Consent for appointments to the Supreme Court of the United States; and WHEREAS, the Supreme Court vacancy caused by the death of Justice Antonin Scalia occurred on February 13, 2016, 269 days before the 2016 presidential election; and WHEREAS, the Senate has confirmed more than a dozen Supreme Court justices in presidential election years, including five in the last 100 years; and WHEREAS, the Senate's constitutional duty to advise and ...
Sponsors: President, JOHN P. DALEY, JESÚS G. GARCÍA, ROBERT STEELE, RICHARD R. BOYKIN, JERRY BUTLER, JOHN A. FRITCHEY, BRIDGET GAINER, STANLEY MOORE, DEBORAH SIMS
title
PROPOSED RESOLUTION

REGARDING THE CONSTITUTIONAL DUTY OF THE UNITED STATES SENATE TO CONDUCT AN ADVICE AND CONSENT HEARING ON THE PRESIDENT'S NOMINATION OF JUDGE MERRICK GARLAND TO THE SUPREME COURT OF THE UNITED STATES


WHEREAS, the Supreme Court, in its capacity as the highest federal court in the United States, serves an essential function resolving critical questions of law that affect our community, our economy, and all citizens; and

WHEREAS, the Constitution of the United States provides that the Senate shall provide Advice and Consent for appointments to the Supreme Court of the United States; and

WHEREAS, the Supreme Court vacancy caused by the death of Justice Antonin Scalia occurred on February 13, 2016, 269 days before the 2016 presidential election; and

WHEREAS, the Senate has confirmed more than a dozen Supreme Court justices in presidential election years, including five in the last 100 years; and

WHEREAS, the Senate's constitutional duty to advise and consent on judicial nominees is one of its most important and solemn responsibilities; and

WHEREAS, the Senate Judiciary Committee has never denied a Supreme Court nominee a hearing since it began holding public confirmation hearings; and

WHEREAS, if the Senate refuses to consider a Supreme Court nominee until after the next President is sworn into office, it will result in the longest Supreme Court vacancy since the Civil War; and

WHEREAS, every Supreme Court nominee who was not withdrawn by the President has received a vote by the Senate within 125 days of the nomination announcement; and

WHEREAS, since 1975, the average number of days from nomination to confirmation vote for a Supreme Court nominee has been 70 days; and

WHEREAS, forcing the Supreme Court to function with only eight justices risks creating instances in which the Court is evenly divided on the outcome of a case, preventing the Court from resolving conflicting interpretations of the Constitution...

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