03.16.16

Gardner Statement on Supreme Court Nominee

Washington, DC – Senator Cory Gardner (R-CO) today released the below statement after President Obama announced he is nominating Merrick Garland, chief judge of the U.S. Court of Appeals for the D.C. Circuit, to fulfill the vacancy on the Supreme Court: 

 

“We stand at a pivotal point in our nation’s history. The Obama Administration continues to use the judicial and regulatory systems to push through its legislative agenda, shifting the balance of power that our Founders established,” said Gardner. “That is why the next president of the United States should have the opportunity to fill the vacancy on the Supreme Court. In 1992, even then-Senator Joe Biden stated the Senate should not hold confirmation hearings for a Supreme Court nominee until after that year’s presidential election. Our next election is too soon and the stakes are too high; the American people deserve a role in this process as the next Supreme Court Justice will influence the direction of this country for years to come.”

 

Background: 

  • In 1992, Senator Joe Biden stated on the Senate floor, “It is my view that if the President goes the way of Presidents [Millard] Fillmore and [Andrew] Johnson, and presses an election year nomination, the Senate Judiciary Committee should seriously consider not scheduling confirmation hearings on the nomination until after the political campaign season is over.”
  • The New York Times previously supported the postponement of a nomination during an election year. In an editorial, the paper wrote, “The President’s supporters insist vehemently that, having won the 1984 election, he has every right to try to change the Court’s direction. Yes, but the Democrats won the 1986 election, regaining control of the Senate, and they have every right to resist. This is not the same Senate that confirmed William Rehnquist as Chief Justice and Antonin Scalia as an associate justice last year.”
  • A Senate of a different party than the President has not confirmed a Supreme Court nominee during a presidential election year since 1888

 

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Cory Gardner is a member of the U.S. Senate serving Colorado. He sits on the Energy & Natural Resources Committee, the Foreign Relations Committee, the Commerce, Science, & Transportation Committee, and the Small Business & Entrepreneurship Committee, and is the Chairman of the Subcommittee on East Asia, the Pacific, and International Cybersecurity Policy. 

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