I thank the gentleman from New York and the gentlewoman from Ohio for organizing tonight's Special Order to call on our colleagues in the Senate to do their job and provide their advice and consent on the President's upcoming nomination to the United States Supreme Court. The Constitution is pretty clear on this issue. Article II, Section 2, doesn't say the President might or the President should. It says the President shall nominate, and by and with advice and consent of the Senate, appoint judges to the Supreme Court. There seems to be some suggestion that, if it is an election year, he ought to skip that process and let the next President make the appointment. They say there is very little precedence for a President nominating somebody in an election year. That might be technically correct, but the fact of the matter is that there have been virtually no vacancies that have occurred during an election year. I think the last one was about almost 50 years. In that case, an appointment was made and considered. That is the process that ought to take place in this case. The rarity of such an event should not preclude the Senate from fulfilling its constitutional responsibility. There is precedent for the President nominating and the Senate at least considering the nomination during an election year. Now, Justice Kennedy was confirmed in an election year in 1988. That was a 7-month process that began with the appointment of Robert Bork to the Supreme Court.…
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