IV 
114TH CONGRESS 
2D SESSION 
H. CON. RES. 132 
Prohibiting the House or Senate from adjourning or convening in a pro 
forma session for a period of more than 2 days unless the Senate 
has acted upon the nomination of Judge Merrick Garland for Associate 
Justice of the Supreme Court. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2016 
Ms. ESTY (for herself, Mr. VAN HOLLEN, Ms. DUCKWORTH, Mrs. KIRK-
PATRICK, Mr. MURPHY of Florida, and Mr. POLIS) submitted the fol-
lowing concurrent resolution; which was referred to the Committee on 
Rules 
CONCURRENT RESOLUTION 
Prohibiting the House or Senate from adjourning or con-
vening in a pro forma session for a period of more 
than 2 days unless the Senate has acted upon the nomi-
nation of Judge Merrick Garland for Associate Justice 
of the Supreme Court. 
Whereas, on February 13, 2016, Justice Antonin Scalia 
passed away, vacating a seat on the Supreme Court of 
the United States; 
Whereas, on February 23, 2016, Republican Senators on the 
Committee on the Judiciary of the Senate announced 
that they would hold public confirmation hearings for Su-
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•HCON 132 IH 
preme Court nominees only after the next President is 
sworn in on January 20, 2017; 
Whereas, on March 16, 2016, President Barack Obama nom-
inated Court of Appeals Judge Merrick Garland to the 
Supreme Court; 
Whereas the Committee on the Judiciary of the Senate has 
yet to hold a public confirmation hearing to fill the va-
cancy created by the death of Justice Antonin Scalia; 
Whereas since 1949, when the Committee on the Judiciary 
of the Senate began routinely holding public confirmation 
hearings for Supreme Court nominees, the Committee on 
the Judiciary has held hearings for every nominee to the 
Court except for those whose nominations were with-
drawn by a President, meaning that the Committee has 
never refused to hold hearings for a nominee because 
such hearings would occur during a presidential election 
year; 
Whereas the Senate has never delayed a vote to approve or 
disapprove a Supreme Court nominee, other than a nomi-
nee whose nomination was withdrawn, for more than 125 
days; 
Whereas if the Senate waits to hold a public confirmation 
hearing on a Supreme Court nominee until after the next 
President is sworn in, the seat will remain vacant for 
more than 342 days; 
Whereas the Senate has held public confirmation hearings or 
a confirmation vote for Supreme Court nominees in past 
presidential election years; 
Whereas, on March 22, 2016, the Supreme Court handed 
down its first deadlocked decision since the late Justice 
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•HCON 132 IH 
Scalia’s seat became vacant, a 4–4 decision in Hawkins 
v. Community Bank of Raymore; 
Whereas between February 13, 2016, and the swearing in of 
the next President, the Supreme Court is likely to grant 
and hear as many as 80 oral arguments; and 
Whereas the refusal of the Committee on the Judiciary of the 
Senate to consider any nominee appointed by President 
Barack Obama impairs the Supreme Court’s ability to 
perform its constitutional duties, potentially leaving many 
critical legal questions unresolved by the Supreme Court 
over the course of two Supreme Court terms: Now, there-
fore, be it 
Resolved by the House of Representatives (the Senate 
concurring), 
SECTION 1. SHORT TITLE. 
This resolution may be cited as the ‘‘Senate’s Court 
Obligations Trump Unconstitutional Stalling Resolution’’ 
or the ‘‘SCOTUS Resolution’’. 
SEC. 2. PROHIBITING ADJOURNMENT OR PRO FORMA SES-
SIONS UNTIL ACTION ON NOMINATION OF 
JUDGE MERRICK GARLAND TO SUPREME 
COURT. 
(a) IN GENERAL.—The House of Representatives or 
Senate may not adjourn, remain adjourned, or convene 
solely in a pro forma session for a period of more than 
2 days (excluding Saturdays, Sundays, and legal holidays, 
except when the House or Senate is in session on such 
a day) during the remainder of the One Hundred Four-
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