powered help
header-left header-center header-right
File #: 160098    Version: 0
Type: Resolution-Immediate Adoption Status: Passed
File created: 5/24/2016 In control: COMMON COUNCIL
On agenda: Final action: 5/24/2016
Effective date:    
Title: Resolution expressing support for Judge Merrick Garland, President Barack Obama’s nomination to the U.S. Supreme Court.
Sponsors: ALD. HAMILTON
Indexes: INTERGOVERNMENTAL RELATIONS
Attachments: 1. Mayor Barrett Letter, 2. Senator Baldwin Letter
IMMEDIATE ADOPTION


Number
160098
Version
ORIGINAL
Reference

Sponsor
ALD. HAMILTON
Title
Resolution expressing support for Judge Merrick Garland, President Barack Obama’s nomination to the U.S. Supreme Court.
Analysis
This resolution expresses support for Judge Merrick Garland, President Barack Obama’s nomination to the U.S. Supreme Court.

Body
Whereas, The Constitution of the United States provides that the Senate shall provide advice and consent for appointments to the Supreme Court of the United States; and

Whereas, The Senate’s constitutional duty to advise and consent on judicial nominees is one of its most important and solemn responsibilities; and

Whereas, The Senate has confirmed several Supreme Court justices in presidential election years, including five in the last 100 years; and

Whereas, The Senate has confirmed justices in presidential election years in which the executive and legislative branches of government were divided between two political parties, including Justice Anthony Kennedy’s confirmation in 1988; and

Whereas, The Senate Judiciary Committee has never denied a Supreme Court nominee a hearing since it began holding public confirmation hearings; and

Whereas, If the Senate refuses to consider a Supreme Court nominee until after the next President is sworn into office, it will result in the longest Supreme Court vacancy caused by Senate inaction since the Civil War; and

Whereas, The Supreme Court serves an essential function resolving critical questions of law that affect the nation; and

Whereas, Forcing the Supreme Court to function with only eight justices risks creating numerous instances in which the Court is evenly divided on the outcome of a case, preventing the Court from resolving conflicting interpretations of the Constitution, thereby undermining the Supreme Court’s role as the final arbiter of the law; and

Whereas, Every Supreme Court nominee who was not withdrawn by the President has received an up-or-down v...

Click here for full text