Patrick Leahy: “last week a number of Senators urged the President, if a vacancy were to arise on the Supreme Court, to consult with…”

“last week a number of Senators urged the President, if a vacancy were to arise on the Supreme Court, to consult with Senators from both parties. I commend, in particular, Senator Kennedy, a former Judiciary Committee chairman for his perspective on this and thank him for his diligence in helping make this essential point in his statements again this week. Forty-four Senators sent the President a joint letter urging consultation and a consensus nomination. In addition, I understand that Senators Nelson and Salazar have also urged consultation. Likewise the 14 Senators in the bipartisan group that averted the nuclear option included strong language in their agreement urging bipartisan consultation by the President. They wrote: We believe that, under Article II, Section 2, of the United States Constitution, the word ``Advice'' speaks to consultation between the Senate and the President with regard to the use of the President's power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration. Such a return to the early practices of our government may well serve to reduce the rancor that unfortunately accompanies the advice and consent process in the Senate. We firmly believe this agreement is consistent with the traditions of the United States Senate that we as Senators seek to uphold. I agree.…”