Politics. Barack Obama (Washington, USA). The Supreme Court vacancy

What you need to know about the Supreme
Court vacancy:
With the passing of Justice Antonin Scalia,
there is now a vacancy that must be filled
on the Supreme Court – and President
Obama has a Constitutional responsibility
to nominate someone to take his place.
The Supreme Court is a vital institution
of American democracy and, since the
founding of our country, the President of the
United States has had the responsibility to
appoint a Justice to the Supreme Court every
time – and any time – there is a vacancy on
the bench. It then falls to the United States
Senate to confirm that nominee before he or
she can take her seat on our nation's highest
court.
As President Obama said, "The Constitution
is pretty clear about what's supposed to
happen now."
The confirmation of a Supreme Court
Justice is a solemn responsibility that the
President and the Senate share under the U.S.
Constitution. It is not a political opportunity
that reflects «left» or «right,» Democrat or
Republican. It’s a serious obligation to make
sure that an indisputably qualified person of
integrity is nominated and confirmed to sit
on the highest court in the land.
The President plans to offer his nominee
for the Supreme Court to the Senate – and
the Senate has more than enough time to
confirm that nominee.
Here are the facts:
FACT: Six Justices have been confirmed in
a presidential election year since 1900.
For more than two centuries, it has been
standard practice for Congress to confirm a
president’s Supreme Court nominee, whether
in a presidential election year or not. Of the
six justices confirmed since 1900, three have
been Republicans. The most recent Justice to
be confirmed in an election year was Justice
Kennedy – appointed by President Reagan
– who was confirmed by a Democraticcontrolled
Congress in February of 1988.
FACT: Every nominee has received a vote
within 125 days of nomination.
Since 1975, the average time from
nomination to confirmation is 67 days. In
fact, since 1875, every nominee has received
a hearing or a vote. The longest time before
confirmation in the past three decades was
99 days, for Justice Thomas, and the last four
Justices, spanning two Administrations,
were confirmed in an average of 75 days.
The Senate has almost a full year – more
than 300 days – to consider and confirm a
nominee.
FACT: It will be harmful and create
unsustainable uncertainty if Congress fails
to act on the President’s nominee.
The Supreme Court could go the better part
of two Terms with a vacancy if the Senate
rejects its Constitutional responsibility. It’d
be unprecedented for the Court to go that
long with an empty seat. Here’s why it’s
harmful:
The Court’s 4-4 decisions have no value
in establishing precedent on which future
decisions can rely. They also cannot establish
uniform nationwide rules. That means if
multiple courts ruled differently on an issue
before it arose at the Supreme Court, a 4-4
ruling would leave those different rules
in place in different states. The result is an
unsustainable uncertainty – for the law, for
individual liberties, and for our economy.
Learn more and stay up to date at wh.gov/
SCOTUS.

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