Congressional Digest

Congressional Digest May 2016 No. 5 Vol. 95
Legislative Background on Filling Court Vacancies

Filling a Supreme Court Vacancy

The Conflict Over Replacing Justice Antonin Scalia

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Legislative Background on Filling Court Vacancies

Recent Action by Congress on the Nomination of Judge Merrick Garland

The death of U.S. Supreme Court Justice Antonin Scalia on February 13 set the stage for a confrontation between the White House and the Republican congressional leadership and created uncertainties about the functioning of the Court over the coming year. Following the announcement of Scalia’s death, Senate Majority Leader Mitch McConnell (KY-R) stated, “The American people should have a voice in the selection of their next Supreme Court justice. Therefore, this vacancy should not be filled until we have a new President.” Senator Harry Reid (NV-D) disagreed, saying, “With so many important issues pending before the Supreme Court, the Senate…

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