On the recordFebruary 22, 2016
Madam President, we find ourselves in a very unusual situation. We are in a Presidential election year. The campaign for our next Commander in Chief is in full swing. Voting has begun. Some candidates for President have dropped out of the race after disappointing finishes in the primaries. Republicans hold the gavel in the U.S. Senate, and a term-limited Democrat in the twilight of his Presidency occupies the White House. It is within this context that our Nation has lost one of the greatest legal minds ever to serve the Court. Justice Scalia's death marks the first time a sitting Supreme Court Justice passed away in a Presidential election year in 100 years, and it is the first time a sitting Supreme Court Justice passed away in a Presidential election year during a divided government since 1888. As my colleagues and I grapple with how the Senate Judiciary Committee should approach this set of circumstances, we seek guidance and wisdom from a number of sources. These include history, practice, and common sense, and, yes, we look to what former committee chairmen have had to say on the subject. In reviewing this history, I am reminded of remarks a former chairman delivered during an election year. That former chairman tackled this knotty problem, and he described what should happen if a Supreme Court vacancy arises during a Presidential election year.…





