Abstract
The unexpected passing of United States Supreme Court Justice Antonin Scalia left a vacancy on the Court in the midst of a presidential election year. As a result, the appointment process did not proceed in the same fashion as previous appointments. Instead, the Senate declared shortly after Justice Scalia’s death that it would not consider any candidate to fill the vacancy until the next president is elected. The Senate remained steadfast in this decision throughout the remainder of President Obama’s term.
This Article analyzes the constitutional questions surrounding the Senate’s refusal to consider any nominee and argues the Senate has a duty to advise and consent in a timely manner. Additionally, it demonstrates how a politically-motivated delay threatens the integrity of the constitutional process for selecting judges, violates separation of powers concerns by politicizing the Court, and contradicts the express intent of the Framers of the Constitution.
Recommended Citation
Vincent J. Samar,
Politicizing the Supreme Court,
41
S. Ill. U. L.J.
1
(2016).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol41/iss1/1