[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 661 Introduced in House (IH)]

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114th CONGRESS
  2d Session
H. RES. 661

 Expressing the sense of the House of Representatives that the Senate 
 should fulfill its constitutional obligation to provide full and fair 
 consideration of the President's nominee for Associate Justice of the 
                             Supreme Court.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 2016

Mr. Conyers (for himself, Mr. Nadler, Ms. Lofgren, Ms. Jackson Lee, Mr. 
     Cohen, Mr. Johnson of Georgia, Mr. Pierluisi, Ms. Judy Chu of 
  California, Mr. Deutch, Mr. Gutierrez, Ms. Bass, Mr. Richmond, Ms. 
  DelBene, Mr. Jeffries, Mr. Cicilline, and Mr. Peters) submitted the 
   following resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives that the Senate 
 should fulfill its constitutional obligation to provide full and fair 
 consideration of the President's nominee for Associate Justice of the 
                             Supreme Court.

Whereas Justice Antonin Scalia passed away on February 13, 2016, thereby 
        creating a vacancy on the Supreme Court of the United States;
Whereas President Barack Obama nominated Judge Merrick Garland on March 16, 
        2016, to fill this vacancy;
Whereas article II, section 2 of the United States Constitution vests the 
        authority to nominate Supreme Court Justices with the President of the 
        United States, by and with the advice and consent of the Senate;
Whereas President Obama was twice elected President by the American people with 
        a majority of the popular and Electoral College votes in both instances;
Whereas shortly after the public announcement of Justice Scalia's passing, 
        Senate Majority Leader Mitch McConnell declared that the Senate would 
        not consider any nominee that President Obama might name, regardless of 
        that nominee's qualifications, and that the next President, who will 
        take office nearly one year later, on January 20, 2017, should fill the 
        vacancy instead;
Whereas all Republican Members of the Senate Judiciary Committee signed a letter 
        dated February 23, 2016, sent to Senator McConnell in which they pledged 
        not to hold any hearings on any person that President Obama nominates to 
        fill the Supreme Court vacancy;
Whereas according to the Congressional Research Service, there have been six 
        prior instances since 1900 when the Senate has confirmed Supreme Court 
        nominations during presidential election years;
Whereas in 1988, in the last year of Republican Ronald Reagan's presidency, the 
        Democratic-controlled Senate confirmed the nomination of Justice Anthony 
        Kennedy by President Reagan by a 97-0 vote;
Whereas the Senate's refusal to consider any nominee appointed by President 
        Obama impairs the Supreme Court's ability to perform its constitutional 
        duties, potentially leaving many critical legal questions subject to a 
        lower level of judicial review over the course of two Supreme Court 
        terms;
Whereas no nominee to the Supreme Court in our Nation's history has waited 
        longer than 125 days before receiving a final floor vote or other 
        result, and Senate Republicans' refusal to consider President Obama's 
        nominee could last for well over 300 days;
Whereas retired Supreme Court Justice Sandra Day O'Connor, a Reagan appointee, 
        said in response to the question of whether President Obama should 
        nominate someone to fill the seat held by Justice Scalia, that ``I think 
        we need somebody there now to do the job, and let's get on with it'';
Whereas the last four Justices to be appointed to the Supreme Court were 
        confirmed in an average of 77 days, and that the average time between 
        nomination and confirmation of Supreme Court Justices since 1967 has 
        been 59 days; and
Whereas there is almost a full year left in President Obama's term, leaving more 
        than enough time for the Senate to consider and vote on President 
        Obama's nomination of Judge Garland: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) the Senate should fulfill its constitutional obligation 
        by observing regular order and holding hearings to consider the 
        President's nomination of Judge Garland to fill the vacant seat 
        on the Supreme Court; and
            (2) the Senate, after giving its full and fair 
        consideration, should vote on the President's nomination.
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