On the recordMarch 3, 2016
Thank you. Madam President, I want to close with the words of Justice Scalia, who said, when he was asked to recuse himself, that leaving the Court potentially equally divided 4 to 4--that a 4-to-4 vote was to be avoided if possible. He said: With eight justices [it] rais[es] the possibility that, by reason of a tie vote, [the Court] will find itself unable to resolve the significant legal issue presented by the case. . . . Even one unnecessary recusal impairs the functioning of the Court. Even one unnecessary 4-to-4 vote impairs the stature and credibility and the effectiveness of the Court. I urge all of us to move forward with the President's nominee when it is made. Thank you, Madam President. The PRESIDING OFFICER. The Senator from Vermont.
