Supreme Court Vacancies and the Constitution
Answers to Frequently Asked Legal Questions
The unexpected death of Supreme Court Justice Antonin Scalia on February 13, 2016 — in the middle of the Supreme Court’s October 2015 term — has prompted questions about the process for filling the vacancy and how the Court may proceed in hearing cases and issuing opinions. In particular, these questions pertain to the constitutional role of the President and Senate in filling Supreme Court vacancies, when the President and the Senate must act, and how the Supreme Court may continue hearing cases and issuing opinions with a vacant seat. This report provides answers to frequently asked legal questions about…
