Justice waits for a nine-member Supreme Court

  Within an hour of the news of Justice Antonin Scalia’s passing on February 13, Senate Majority Leader Mitch McConnell (R-KY) said the Senate should not consider any U.S. Supreme Court nominee until the next president is inaugurated in 2017. Since then, most Senate Republicans have signed on to Sen. McConnell’s obstructionist threat, including Judiciary Committee Chair Charles Grassley (R-IA). This dereliction of constitutional duty is unprecedented. The longest it has ever taken for a Supreme Court nominee to reach a confirmation vote is 125 days.

  In 2012, the American people re-elected President Barack Obama to do his job for another four years, and that job includes fulfilling his constitutional obligation to fill any vacancies on the Supreme Court. Likewise, the Senate must do its job and “advise and consent” on the nominee. The Constitution contains no exception to those obligations for presidential election years.