Anonymous ID: d2fa39 Sept. 18, 2020, 5:02 p.m. No.10699489   🗄️.is 🔗kun   >>9649 >>9774

A Quick Overview on Filling of Vacancies:

 

A contentious and closely followed element of modern American politics is the Supreme

Court nominee approval process, all the more so because it occurs outside the

timetable of fixed deadlines and comes up only infrequently. One of the

relevant issues in the selection of Supreme Court nominees is the consideration

of when such a procedure is necessary.

 

In this regard, the United States Constitution is less helpful than might be surmised from

its role in creating the institution of the Supreme Court, as it does not

address the number of members to take part in the Court. It does loosely imply

the limitations on the length of time for which Supreme Court Justices may remain on the bench, which might be reasonably considered practically nonexistent in that the only

stipulation is that it be “during Good behavior”. A Supreme Court Justice

can, however, choose to retire from the Court, and thereby impose the

unanticipated need for selection of a Supreme Court nominee. Though there is a

mechanism for the impeachment of Justices provided through Congressional

procedure, it has only occurred once, and ended in defeat, while later efforts

have not even succeeded in calling for hearings.

 

As a measure of its strength and continuity with the original

intentions of the Founding Fathers, the United States Supreme Court has experienced

relatively few cases of vacancies needing to be filled throughout its history,

with only 113 separate members having been appointed to the bench by 2010. In

this number, 16 people have served as Chief Justice and 97 in the subordinate

“Associate” position.

 

Despite the fairly low number of Supreme Court nominees, most Presidents have been able at least once to

submit a Supreme Court nominee of their own to fill a vacancy in the bench. Up

to the present, only President Carter has been denied the opportunity in the

course of a full term and without changes to Court procedure to submit a Supreme

Court nominee. In this regard, the Presidential power for selecting Supreme Court

nominees is considered one of the most lasting aspects of a president’s legacy.

 

Article II, “The Executive Branch,” provides this power to

Presidents to be exercised “with the Consent and Advice of the Senate”.

The full process of hearings and approval for Supreme Court nominees is not set

out under law, but this stipulation does allow for such assorted procedures,

which evolved into their modern form over the full course of the Court’s

history. The Congressional practice of questioning Supreme Court nominees first

appeared in 1925 and was set as established procedure in 1955.

 

The questioning of a Supreme Court nominee takes place before the Senate Judiciary

Committee, which then decides whether or not to recommend a general vote on the

nominee’s acceptability. After this point, however, a Supreme Court nominee may

still be denied the consideration of a vote through the tactic of a filibuster

or by the President’s reconsideration. The process of approving a Supreme Court

nominee has shifted over time from being essentially procedural to the highly

politicized and contentious form it now takes.

 

https://constitution.laws.com/the-supreme-court/filling-of-vacancies

Anonymous ID: d2fa39 Sept. 18, 2020, 5:07 p.m. No.10699649   🗄️.is 🔗kun   >>9774

>>10699489

President Trump Says He Would 'Absolutely' Fill A Supreme Court Vacancy Before November

President Trump indicated that he would fill a potential vacancy on the Supreme Court ahead of the election in November, as rumors of a potential retirement loom. In an interview with Hugh Hewitt, Trump said he would nominate a jurist to fill the seat quickly:

 

Trump on whether he'd fill a Supreme Court vacancy in the last five months of his term: "Absolutely, I’d do it. Sure," he tells Hugh Hewitt. "I would move quickly. Why not? I mean, they would. The Democrats would if they were in this position. But you know, I’ll be interested."

— Manu Raju (@mkraju) August 11, 2020

 

In his interview w @hughhewitt, POTUS says he has somebody in mind to fill a Supreme Court vacancy. He wouldn't say who, but we reported last year that during Kavanaugh deliberations POTUS said he was "saving" ACB for an RBG vacancy.

— Jonathan Swan (@jonathanvswan) August 11, 2020

 

The prospect of filling a Supreme Court seat ahead of November sparks controversy on Capitol Hill, as Democrats warn Republicans of adhering to their own standard set in 2016. Senate Majority Leader Mitch McConnell (R-KY) famously declined to hold hearings for President Obama’s final nominee, Judge Merrick Garland. Hedging his bets on a GOP sweep in November of 2016, Leader McConnell argued that a justice should not be confirmed to the high court amidst divided government.

 

Democrats argue that Senate Republicans filling a vacancy before the election this November would be hypocritical, but the minority party seems to forget what Leader McConnell’s argument was four years ago. He declined to fill the seat on account of Democrats occupying the White House while Republicans held the majority in the Senate; if a vacancy occurred in the next five months, Republicans would still occupy both the upper chamber and the White House. Filling a vacancy at this point would not violate the “Garland standard” set by Leader McConnell and Senate Republicans in 2016.

 

The president did not reveal his top contenders to fill a potential vacancy, but an opening on the high court would turn the election into an even more consequential contest.

 

https://townhall.com/tipsheet/reaganmccarthy/2020/08/11/trump-on-scotus-vacancy-n2574111

 

https://www.newsweek.com/ruth-bader-ginsburgs-health-issues-leaves-senate-gop-split-filling-supreme-court-vacancy-2020-1522429

https://www.politico.com/news/2020/05/08/republicans-ready-supreme-court-vacancy-243574

https://www.nationalreview.com/2020/08/history-is-on-the-side-of-republicans-filling-a-supreme-court-vacancy-in-2020/

https://thehill.com/homenews/senate/510076-senate-gop-divided-over-whether-theyd-fill-supreme-court-vacancy