Foreword
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 question of whether the Senate is…
