Articles on Supreme Court Vacancy

Senators’ Views:

McConnell/Grassley, “Democrats shouldn’t rob voters of chance to replace Scalia,” 2-18-16

Ayotte, “Americans deserve a say on Supreme Court nomination,” 2-18-16

Senate Judiciary Committee, Letter to Senator McConnell re: No hearings on Supreme Court nominee, 2-23-16

Grassley, “We’re giving the people a voice,” 2-24-16

Hatcb, “Senate should wait to fill Scalia’s seat until after the election,” 2-27-16

Rounds, “Justice Scalia: The gold standard,” 2-28-16


Democrats Agree:

Biden [video], “No Senate hearing for SCOUTS vacancy in election year,” 1992

Schumer [video], “We should reverse the presumption of confirmation,” 7-27-07

Reid [video], “No duty to give nominees a vote,” 5-19-05

Chuck Grassley, “The Biden Rules,” 2-22-16

New York Times, “Joe Biden argued for delaying Supreme Court picks in 1992,” 2-22-16

Wall Street Journal, “Joe Biden’s Supreme Court Advice,” 2-22-16

Wall Street Journal, “The New Schumer Precedent,” 2-16-16

Jonathan Adler, “Biden denialism,” 2-23-16


Interest Groups:

National Right to Life, “Why the U.S. Senate must refuse to cooperate…,” 2-19-16

Americans for Limited Gov’t, “McConnell and Grassley are right,” 2-19-16

Heritage Action, “No Hearings, No Votes on Supreme Court Vacancy,” 2-18-16

Family Research Council, “Family Research Council Mourns Passing of Justice Scalia”



Charles Krauthammer, “Win one for Nino,” 2-18-16

Ross Douthat, “The War After Scalia,” 2-16-16

Trevor Burrus, “Why partisan fights over Supreme Court nominees are a good thing,” 2-23-16

Carrie Severino, “An election-year confirmation will be a non-starter,” 2-14-16

Ilya Shapiro, “Don’t confirm Scalia’s replacement until after the election,” 2-14-16

Shannen Coffin, “The myth of the consensus Supreme Court nominee,” 2-16-16

David Harsanyi, “5 reasons Republicans shouldn’t fear a SCOTUS fight,” 2-17-16

Andrew McCarthy, “No deference is called for on judicial nominations,” 2-16-16


No constitutional obligation to act

Randal John Meyer, “No, the Senate doesn’t have to confirm Obama appointees,” 2-19-25

Ilya Somin, “The Constitution does not require the Senate to give judicial nominees an up or down vote,” 2-17-16

Paul Mirengoff, “Republicans have no constitutional duty to vote on Supreme Court nominees,” 2-15-16

RPC, “Supreme Court appointment should wait,” 2-23-16

Eugene Volokh, “Dealing with Supreme Court vacancies: Do the other party’s recent statements and actions matter?” 2-22-16

Carrie Severino, “The power to ‘nominate’ is not the power to ‘appoint,’” 2-15-16


Past Precedent

Supreme Court, “Members of the Supreme Court of the United States” [useful official timeline of justices]

Jonathan Adler, “ON election year Supreme Court vacancies,” 2-13-16

SCOTUSBlog, “Supreme Court vacancies in presidential election years,” 2-13-16

Senator Hatch, “Supreme Court fact sheet: The precedent for waiting,” 2-29-16


Democrat obstructionism

The Federalist Staff, “10 times Democrats vowed to block Republican court nominees,” 2-16-16

Carl Cannon, “Democrats’ double standard for high court nominees,” 2-22-16

Wall Street Journal, “Greatest Democratic Judicial Hits,” 2-19-16

Marc Thiessen, “How Biden killed John Roberts’s nomination in 1992,” 2-25-16


Court will function with eight justices

Politico, “Breyer on 8-member Supreme Court: ‘We’ll do our work,’” 2-25-16

Josh Blackman and Ilya Shapiro, “Only eight justices? So what,” 2-23-16

Richard Albert, “No need for nine on the Supreme Court,” 2-22-16

Ed Whelan, “Eight is enough,” 2-24-16

David Bernstein, “Justice Felix Frankfurter: Temporarily having an eight-justice Supreme Court is not ‘sacrificing a single interest of importance,” 2-16-16

Robert Baldwin III, "Maybe a Supreme Court with 8 justices isn't so bad after all," 6-01-16

Kimberly Strawbridge Robinson, "Is an eight-member Supreme Court so bad?" 5-26-16

Potential Recess Appointment

Todd Gaziano, “SCOTUS confirmation games: Place the race card, with an empty recess appointment threat,” 2-29-16.