IV 

114TH CONGRESS 

2D SESSION H. RES. 661 

Expressing the sense of the House of Representatives that the Senate should 

fulfill its constitutional obligation to provide full and fair consideration 

of the President’s nominee for Associate Justice of the Supreme Court. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2016 

Mr. CONYERS (for himself, Mr. NADLER, Ms. LOFGREN, Ms. JACKSON LEE, 

Mr. COHEN, Mr. JOHNSON of Georgia, Mr. PIERLUISI, Ms. JUDY CHU

of California, Mr. DEUTCH, Mr. GUTIE ́RREZ, Ms. BASS, Mr. RICHMOND, 

Ms. DELBENE, Mr. JEFFRIES, Mr. CICILLINE, and Mr. PETERS) submitted the following resolution; which was referred to the Committee on 

the Judiciary 

RESOLUTION 

Expressing the sense of the House of Representatives that 

the Senate should fulfill its constitutional obligation to 

provide full and fair consideration of the President’s 

nominee for Associate Justice of the Supreme Court. 

Whereas Justice Antonin Scalia passed away on February 13, 

2016, thereby creating a vacancy on the Supreme Court 

of the United States; 

Whereas President Barack Obama nominated Judge Merrick 

Garland on March 16, 2016, to fill this vacancy; 

Whereas article II, section 2 of the United States Constitution vests the authority to nominate Supreme Court JusVerDate Sep 11 2014 00:49 Mar 24, 2016 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR661.IH HR661

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•HRES 661 IH 

tices with the President of the United States, by and with 

the advice and consent of the Senate; 

Whereas President Obama was twice elected President by the 

American people with a majority of the popular and Electoral College votes in both instances; 

Whereas shortly after the public announcement of Justice 

Scalia’s passing, Senate Majority Leader Mitch McConnell declared that the Senate would not consider any 

nominee that President Obama might name, regardless of 

that nominee’s qualifications, and that the next President, who will take office nearly one year later, on January 20, 2017, should fill the vacancy instead; 

Whereas all Republican Members of the Senate Judiciary 

Committee signed a letter dated February 23, 2016, sent 

to Senator McConnell in which they pledged not to hold 

any hearings on any person that President Obama nominates to fill the Supreme Court vacancy; 

Whereas according to the Congressional Research Service, 

there have been six prior instances since 1900 when the 

Senate has confirmed Supreme Court nominations during 

presidential election years; 

Whereas in 1988, in the last year of Republican Ronald Reagan’s presidency, the Democratic-controlled Senate confirmed the nomination of Justice Anthony Kennedy by 

President Reagan by a 97–0 vote; 

Whereas the Senate’s refusal to consider any nominee appointed by President Obama impairs the Supreme 

Court’s ability to perform its constitutional duties, potentially leaving many critical legal questions subject to a 

lower level of judicial review over the course of two Supreme Court terms; 


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•HRES 661 IH 

Whereas no nominee to the Supreme Court in our Nation’s 

history has waited longer than 125 days before receiving 

a final floor vote or other result, and Senate Republicans’ 

refusal to consider President Obama’s nominee could last 

for well over 300 days; 

Whereas retired Supreme Court Justice Sandra Day O’Connor, a Reagan appointee, said in response to the question 

of whether President Obama should nominate someone to 

fill the seat held by Justice Scalia, that ‘‘I think we need 

somebody there now to do the job, and let’s get on with 

it’’; 

Whereas the last four Justices to be appointed to the Supreme Court were confirmed in an average of 77 days, 

and that the average time between nomination and confirmation of Supreme Court Justices since 1967 has been 

59 days; and 

Whereas there is almost a full year left in President Obama’s 

term, leaving more than enough time for the Senate to 

consider and vote on President Obama’s nomination of 

Judge Garland: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 

3 (1) the Senate should fulfill its constitutional 

4 obligation by observing regular order and holding 

5 hearings to consider the President’s nomination of 

6 Judge Garland to fill the vacant seat on the Su7 preme Court; and 


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•HRES 661 IH 

1 (2) the Senate, after giving its full and fair con2 sideration, should vote on the President’s nomina3 tion. 

Æ 


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