nearly 150 years ago, Congress determined that a fully functioning Supreme Court should consist of nine Justices. For more than 100 days, however, the Supreme Court has been unable to operate at full strength as a result of unprecedented obstruction by Senate Republicans. Under Republican leadership, the Senate is on track to be in session for the fewest days since 1956. Senate Republicans simply refuse to do their jobs. If Senate Republican leadership has its way, this seat on the Supreme Court will remain unnecessarily vacant for more than a year. President Obama nominated Chief Judge Merrick Garland 70 days ago. Based on the timing of the Senate's consideration of Supreme Court nominees over the past four decades, Chief Judge Garland should be receiving a confirmation vote on the Senate floor today. Instead, Republican Senators are discussing a hypothetical list of nominees issued by their presumptive nominee for President. Senate Republicans should be responsible enough to address the real vacancy on the Supreme Court that is right now keeping the Court from operating at full strength. Chief Judge Garland has received bipartisan support in the past, and there is no reason other than partisan politics to deny him the same process the Senate has provided Supreme Court nominees for the last 100 years. The chairman of the Judiciary Committee recently suggested we put down on paper how the Senate treats Supreme Court nominees.…
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