The Possibility of Rejection: The Framers’ Constitutional Design for Supreme Court Appointments

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Kasper, Eric T.
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2018-06
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INTRODUCTION|The nomination and confirmation of a United States Supreme Court Justice is a rare moment in American politics where the Constitution requires the selection of a member of one branch of government by the other two branches. On February 13, 2016, Justice Antonin Scalia died at the age of seventy-nine, creating a vacancy on the Court. The same day that Justice Scalia's death was announced, posturing began on when and how his vacated seat on the Court would be filled, and who should nominate his successor. Republican Senate Majority Leader Mitch McConnell announced that the "American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new [P]resident." Republican Senate Judiciary Committee Chair Chuck Grassley reinforced this position by claiming that "[t]his [P]resident, above all others, has made no bones about his goal to use the courts to circumvent Congress and push through his own agenda. It only makes sense that we defer to the American people who will elect a new President to select the next Supreme Court Justice...
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Creighton University School of Law
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