By: Alvin Wilson Staff Writer
President Obama found himself in an unusual situation after Supreme Court Justice Antonin Scalia died on Feb. 13.
When there is a vacancy in the Supreme Court, the president nominates a successor to be approved by the Senate. Some presidents, such as Ronald Reagan, appointed as many as two Justices.
Obama has already appointed two Justices during his time as president: Sonia Sotomayor and Elena Kagan.
What makes his situation unusual is that a vacancy in the Supreme Court appeared in his last year as President.
The most recent time this occurred was in 1988, when Reagan nominated Justice Anthony Kennedy during his last year as President.
With the unexpected death of Scalia, Obama now has the opportunity to nominate a third Justice—something that conservatives in the Senate think he shouldn’t do.
Obama’s authority to nominate another Justice is outlined in Article II of the Constitution, which is also known as the Appointment Clause.
Many Republican leaders have been vocal about their disapproval, saying that he shouldn’t be able to nominate another Supreme Court Justice despite the Appointment Clause.
According to NPR, Senate majority leader Mitch McConnell (R) said the vacancy should not be filled until there is a new president.
Although some Republican leaders, including presidential candidates, have displayed their unwillingness to confirm any nominations made by Obama, others have said they will at least consider any nomination he will make.
Senate Judiciary Chairman Chuck Grassley (R) told the Washington Post that he would “wait until the nominee is made before I would make any decision,” adding that he doesn’t want the Republican party to “fall into the trap of being obstructionist.”
The Senate has the last word when it comes to nominations to the Supreme Court, so they can, in fact, deny Obama’s nomination.
One way the Senate can deny a nomination is by refusing to hear it. If the nomination isn’t debated, it can’t be confirmed.
Another way they can deny it is by allowing the Senate Judiciary Committee to hear the nomination and vote against it—which is a real possibility because the committee has a Republican majority.
If neither of those options work, or aren’t appealing enough, Senators can block the nominee from proceeding to a final vote by filibustering.
It is still unclear which method, if any, they will choose.
Contact the author at awilson15@wou.edu or on Twitter @awilsonjournal
