Nominations to the Supreme Court During Presidential Election Years (1900-Present) [March 3, 2016]   [open pdf - 172KB]

"This CRS [Congressional Research Service] Insight provides data and analysis related to nominations made to the Supreme Court during presidential election years from 1900 to the present. As of this writing, there have been eight such nominations since 1900--six to fill actual vacancies that existed at the time a President submitted a nomination to the Senate and two for anticipated future vacancies on the Court (i.e., vacancies that did not exist at the time a President submitted a nomination to the Senate). An anticipated vacancy, for example, arises when a sitting Justice announces his or her intention to retire upon Senate approval of a new Justice. This Insight is not intended to provide a comprehensive analysis of the Supreme Court nomination and confirmation process. For longer analyses on the Supreme Court selection and confirmation process, see CRS Report R44235 (addressing the selection of nominees by a President), CRS Report R44236 (addressing the role of the Senate Judiciary Committee in processing nominations), and CRS Report R44234 (addressing Senate debate and final action on nominations). As of this writing, some Senators have called on the Senate to wait to fill the vacancy created by Antonin Scalia's death until after a new President is inaugurated, while other Senators have called on the Senate to confirm a nominee during President Obama's final year in office. As discussed in previous CRS analysis of prior nominations to the Supreme Court, multiple political and policy considerations will influence the length of time for Justice Scalia's successor to be confirmed by the Senate. Note that this Insight does not take a position as to when the Senate should confirm a nominee to the Scalia vacancy."

Report Number:
CRS Insight, IN10455
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
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