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) sub-
mitted 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 Constitu-
tion vests the authority to nominate Supreme Court Jus-
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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 Elec-
toral College votes in both instances; 
Whereas shortly after the public announcement of Justice 
Scalia’s passing, Senate Majority Leader Mitch McCon-
nell declared that the Senate would not consider any 
nominee that President Obama might name, regardless of 
that nominee’s qualifications, and that the next Presi-
dent, who will take office nearly one year later, on Janu-
ary 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 nomi-
nates 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 Rea-
gan’s presidency, the Democratic-controlled Senate con-
firmed the nomination of Justice Anthony Kennedy by 
President Reagan by a 97–0 vote; 
Whereas the Senate’s refusal to consider any nominee ap-
pointed by President Obama impairs the Supreme 
Court’s ability to perform its constitutional duties, poten-
tially leaving many critical legal questions subject to a 
lower level of judicial review over the course of two Su-
preme Court terms; 
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