Madam President, I rise to speak for the second time about the Supreme Court vacancy, and I do so not callously, not spontaneously but after 23 years of service on the committee. I like to believe I have some experience and some knowledge about how these matters have been handled in the past. I truly believe we have an obligation to consider a President's judicial nominees no matter when, and I wish to speak about why that duty is so important--particularly for the Supreme Court--and the consequences of not fulfilling it. To be very candid, I am shocked at the supreme nature of what is happening because of what I believe its impact is going to be in the next year. Since the Judiciary Committee started holding hearings on Supreme Court nominations in 1916, not a single nominee for a vacancy has been denied a hearing--ever. Even during Presidential election years, the Senate has done its job. In 1988, President Reagan's final year in office, Senate Democrats confirmed Justice Kennedy. Three years later, 1991, Justice Thomas was confirmed after the Presidential campaign had begun. Democrats could have said no hearing, no committee work, no vote, no consideration by the full Senate, but that didn't happen. The nominations were processed and they were confirmed. So why is it so important that we do our job? Why is an eight-member Court unable to function to the highest and best use of the U.S. Supreme Court? Ties in the Supreme Court create uncertainty in the law.…
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