[Congressional Record Volume 162, Number 29 (Wednesday, February 24, 2016)]
[Extensions of Remarks]
[Pages E209-E210]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CALLING UPON THE SENATE TO FULFILL CONSTITUTIONAL DUTY TO VOTE ON 
                       JUSTICE SCALIA'S SUCCESSOR

                                 ______
                                 

                        HON. SHEILA JACKSON LEE

                                of texas

                    in the house of representatives

                      Wednesday, February 24, 2016

  Ms. JACKSON LEE. Mr. Speaker, ten days ago, on February 13, 2016, the 
nation was saddened to learn of the death of Justice Antonin Scalia, 
the senior Associate Justice of the Supreme Court.
  Justice Scalia, who loved the Court, served it ably for nearly 30 
years and was involved in some of the most consequential cases in 
history.
  Mr. Speaker, I urge those who revered Justice Scalia, cherish his 
memory, and wish to do honor to the work of his life, to join me in 
calling upon the Senate, and every senator, to discharge their 
constitutional duty to advise and consent (or not consent) to the 
nomination that will be put forward by the President by holding an up 
or down vote.
  Mr. Speaker, those who claim there is an 80 year precedent against 
confirming a Supreme Court nominee during an election year and that 
there is not sufficient time to fill the vacancy are incorrect.
  The most recent instance where there was a vacancy on the Supreme 
Court in an election year occurred not 80 but 28 years ago, in 1988, 
during the administration of President Reagan.
  That vacancy was filled on February 3, 1988 by the appointment of 
Justice Anthony Kennedy who was confirmed 97-0 by a Democrat-controlled 
Senate.
  The Kennedy nomination is the controlling precedent, as Justice 
Scalia would recognize.
  In fact, Justice Scalia would say to anyone claiming otherwise, 
``Leges posteriores priores contrarias abrogant,'' which is Latin for 
the canon of judicial interpretation that ``the last expression of the 
people prevails.''
  There are 332 days left in President Obama's term, which is more than 
sufficient time for the President to nominate, and for the Senate to 
consider and vote to confirm or reject his nominee.
  Since 1900, there have been 60 Supreme Court vacancies.
  The average time taken to fill these 60 vacancies is 73 days, which 
is less than 25% of the time remaining in the President's term.
  The average time to fill each of the 13 vacancies since 1975 is a 
mere 67 days.
  And of the current members of the Supreme Court, the average time is 
74 days, the longest being the 99 days taken to confirm the 
controversial nomination of Justice Clarence Thomas in October 1991.
  Mr. Speaker, as is often noted, elections have consequences.
  They also impose responsibilities and duties.
  And one of the most important duties imposed by the Constitution on 
the President is to nominate persons to fill vacancies on the Supreme 
Court and for the Senate to consider those nominations with dispatch.
  The Supreme Court is the nation's highest court and its essential and 
indispensable role in our constitutional system is to provide 
definitive interpretations of American law and the Constitution.
  Its decisions are the law of the land binding in every state and 
territory.
  It is the only judicial tribunal capable of providing the legal 
clarity and certainty required for the legal system to function and 
give meaning to the rule of law.
  President Obama has announced that he intends to fulfill the 
responsibility devolved upon him by the Constitution and will submit to 
the Senate a nominee to fill the large shoes left by the late Justice 
Antonin Scalia.
  The Senate should fulfill its constitutional duty to advise and 
consent, or withhold its consent, by casting an up or down vote on that 
nomination.
  That is the way to pay fitting tribute to Justice Scalia, to honor 
the Constitution, and to keep faith with the American people.

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