Filling a Supreme Court Vacancy
The Conflict Over Replacing Justice Antonin Scalia
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Filling a U.S. Supreme Court vacancy can present challenges in the best of times. An unexpected one in the midst of a presidential election season, combined with a tumultuous political atmosphere and an ideologically divided Court, makes the undertaking especially tenuous. The Appointments Clause of the U.S. Constitution expresses the balance of power between the Executive and Legislative branches of the Federal Government, as envisioned by the Framers. It states that the President “shall nominate, and by the Advice and Consent of the Senate, shall appoint … Judges of the Supreme Court”; however, the qu…
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Foreword
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Appointment of Supreme Court Justices
How the Process Works
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Supreme Court Vacancies and the Constitution
Answers to Frequently Asked Legal Questions
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Supreme Court Nominations in Presidential Election Years
Precedents Relevant to the Current Debate
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The Vice President’s Remarks on the Nominating Process
Joe Biden Clarifies His Position on Confirming Justices
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Legislative Background on Filling Court Vacancies
Recent Action by Congress on the Nomination of Judge Merrick Garland
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Education Costs
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Climate Change and Health
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New Voting Laws
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Birth Control Mandate
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Pro & Con
Should the Senate Consider Obama’s Supreme Court Nominee?
